HomeMy WebLinkAbout06/11/2007
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
June 11. 2007
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF Mav 14. 2007
PROCLAMATIONS AND CEREMONIES
Glory of God Lutheran Church 25th Anniversary of Naming the Church - June 17, 2007
CITIZENS' RIGHT TO SPEAK
1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
2. Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard.
APPROVAL OF AGENDA
Item 1. CONSENT AGENDA
A. RESOLUTION 16-2007 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT (IGA) BE1WEEN THE JEFFERSON
COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF
WHEAT RIDGE FOR COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN
THE AMOUNT OF $6,602.50.
B. RESOLUTION 18-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $22,716 FOR
THE IMPLEMENTATION OF THE ADMINISTRATIVE MODEL PROCESS FOR
NUISANCE ORDINANCE VIOLATIONS.
CITY COUNCIL AGENDA: June 11, 2007
Page -2-
C. Approval of Architectural and Site Design Manual.
D. Approval of RFP-07-16 Marketing and branding Project to Communication
Infrastructure Group, LLC in the not to exceed amount of $30,490.00.
E. Approval of RFP-07-04 Voice Over Internet Protocol (VOIP) Telephony System to
Milestone Networks in the Total Amount of $325,250.83.
F. Approval of RFP-07-08 Insurance Broker Services to Insurance Management
Associates, Inc. (IMA) of Colorado on a Commission Based Agreement.
G. Ratification of the Metro Mayors Caucus Memorandum of Understanding.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
COUNCIL BILL 06-2007. AN ORDINANCE REPEALING AND RE-
ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS PERTAINING TO SIGN CODE.
COUNCIL BILL 07-2007, AN ORDINANCE AMENDING CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING
OF SOCIAL CLUBS, AND COUNCIL BILL 08-200Z, AN ORDINANCE
AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO
INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF
SOCIAL CLUBS.
(CASE NO. ZOA-06-05)
COUNCIL BILL 09-2007 -AN ORDINANCE AMENDING CHAPTERS 5
AND 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS
CONCERNING CERTAIN CONTRACTOR'S LICENSES.
REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN AND A
SPECIAL USE PERMIT TO ALLOW A DRIVE THROUGH FACILITY FOR
PROPERTY LOCATED AT 3190 YOUNGFIELD STREET.
(CASE NO. WZ-06-09 & SUP-06-08)
ORDINANCES ON FIRST READING
Item 2.
Item 3.
Item 4.
Item 5.
Item 6.
Item 7.
COUNCIL BILL 10-2007 - AN ORDINANCE AMENDING SECTION 26-
711 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE
REGULATION OF BILLBOARDS.
COUNCIL BILL 11-2007: AN ORDINANCE AMENDING CHAPTER 11
OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES,
PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS,
SPECIFICALLY CODE SECTION 11-231 CONCERNING THE
LICENSING OF MASSAGE THERAPISTS TO PROVIDE FOR THE
PROVISIONAL LICENSING OF MASSAGE THERAPISTS.
CITY COUNCIL AGENDA: June 11, 2007
COUNCIL BILL 12-2007: AN ORDINANCE AMENDING REAPPOINTING
PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND
INCREASING HIS BENEFITS AND HOURLY COMPENSATION.
COUNCIL BILL 13-2007 - AN ORDINANCE DESIGNATING A
STRUCTURE LOCATE-D ON THEPROPERTY AT 9201 W 44TH AVENUE
AS AN HISTORICAL LANDMARK.
(CASE NO. WHL-07-01)
COUNCIL BILL 14-2007 - AN ORDINANCE AMENDING CHAPTER 16,
ARTICLE III, SECTIONS 41 THROUGH 43 OF THE CITY CODE
CONCERNING MISCELLANEOUS OFFENSES.
COUNCIL BILL 15-2007 - AN ORDINANCE ADOPTING A
COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND
EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE
APPLICATION SUBMITTED PURSUANT TO ~76.41 OF THE CODE OF
FEDERAL REGULATIONS.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 8.
Item 9.
Item 10.
Item 11.
Item 12.
Item 13.
Page -3-
RESOLUTION 15-2007 - A RESOLUTION AMENDING THE FISCAL
YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR ADDITIONAL
STUDY TO BE COMPLETED FOR THE WADSWORTH CORRIDOR
SUBAREA PLAN IN AN AMOUNT NOT TO EXCEED $39,950.00.
RESOLUTION 17-2007 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON
COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD, THE
CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, AND THE CITY OF
WESTMINSTER FOR THE IMPLEMENTATION OF A COUNTY-WIDE
DOG LICENSING PROGRAM.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
Mav 14. 2007
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council members
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz,
Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy
Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director
of Public Works, Tim Paranto; Police Chief, Dan Brennan; Planner, Travis Crane; staff; and
interested citizens.
APPROVAL OF MINUTES OF Aoril23. 2007
Motion by Council Member Schulz for the approval of the Minutes of April 23, 2007; seconded
by Council Member Womble; carried 7-0, with Council Member Gokey abstaining due to his
absence at the April 23, 2007 meeting.
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio presented Proclamations for:
Mental Health Month - May 2007. Mark Stone of the Jefferson Center for Mental Health
accepted the proclamation and spoke of the JCMH services.
National Police Week - May 13 - 19, 2007; Chief Brennan accepted the Mayor's
proclamation and spoke in recognition of Police personnel and the services they provide.
Muscular Dystrophy Association 2007 Wheat Ridge Goodwill Ambassador; Shawn Miller, the
2007 Muscular Dystrophy Wheat Ridge Goodwill Ambassador and a Second Grader at
Kullerstrand Elementary, was on hand to accept the proclamation and to speak on behalf of
citizens in the community with Muscular Dystrophy.
CITIZENS' RIGHT TO SPEAK
Cheryl Brungardt, expressed her displeasure with the recent acts of Council Member
Womble.
Roger Loecher spoke of similar and much worse things that have happened between
Council Members in the past and that they have now moved on, and respect one
another. He encouraged Council Members to work towards the same today. Mr.
Loecher also expressed his belief that Council Members deserve a pay raise.
CITY COUNCIL MINUTES: May 14, 2007
Page -2-
David Berry spoke on the matter of Council Member Womble's false accusations of
Council Member Berry's work performance and its threat to his family's well-being.
Item 1.
Consent Agenda
A. CITY CONTRIBUTIONS TO OUTSIDE AGENCIES.
B. AWARD ITB-07-34 2007 MINOR STREET IMPROVEMENT PROJECT IN THE
AMOUNT OF $284,917.80.
C. AWARD CONTRACT SOQ-07-29 GIS IMPLEMENTATION PHASE IV IN THE
AMOUNT OF $44,940.00.
D. AWARD RFB-07-33 PANASONIC COMPUTER NOTEBOOKS TO PORTABLE
COMPUTER SYSTEMS IN THE TOTAL AMOUNT OF $38,008.00.
E. APPROVE INCREASE IN PROJECT CONTINGENCY FOR PROJECT ITB-06-35
YOUNGFIELD STREET, 38TH - 44TH AVENUE, IMPROVEMENT PROJECT IN THE
AMOUNT OF $45,368.65.
F. PAYMENT TO MURRAY DAHL KUECHENMEISTER & RENAUD FOR APRIL 2007
CITY ATTORNEY SERVICES IN THE AMOUNT OF $25,517.88.
G. AWARD RFP-07-31, ORGANIZATIONAL STRUCTURE ASSESSMENT TO THE
MERCER GROUP, INC. IN AN AMOUNT NOT TO EXCEED $42,070.00.
H. RESOLUTION 15-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION FOR ADDITIONAL STUDY TO BE
COMPLETED FOR THE WADSWORTH CORRIDOR SUBAREA PLAN IN THE
AMOUNT OF $40,000.00.
Consent Agenda was introduced and read by Council Member Stites.
Council Member Gokey requested that items B, C, E, G and H be removed from the
Consent Agenda.
Motion by Council Member Stites for approval of the Consent Agenda items A, D and F;
seconded by Council Member Womble; carried 8-0.
Motion by Council Member Gokey to approve Consent Agenda Item B; seconded by
Council Member Sang.
CITY COUNCIL MINUTES: May 14, 2007
Page -3-
Motion by Council Member Gokey to amend Consent Agenda Item B to strike the item
and language for the speed bump at Panorama Park; seconded by Council Member
Womble; failed 2-6; with Council Members Gokey and Womble voting Yes.
Original Motion to approve Consent Agenda Item B carried 7-1 with Council Member
Gokey voting No.
Motion by Council Member Gokey to approve Consent Agenda Item C; seconded by
Council Member Sang; carried 8-0.
Motion by Council Member Sang to approve Consent Agenda Item E; seconded by
Council Member Schulz; carried 8-0.
Motion by Council Member Sang to approve Consent Agenda Item G; seconded by
Council Member Stites; carried 7-1, with Council Member Womble voting No.
Motion by Council Member Berry to approve Consent Agenda Item H; seconded by
Council Members Schulz and Rotola.
Louise Turner spoke in opposition of the additional funding for the Wadsworth Corridor
Subarea study.
Roger Laecher spoke in opposition to the additional funding and recommended
Council and City Management arrange community meetings to discuss the community's
needs and wishes for the Plan.
Substitute Motion by Council Member Schulz to amend the original motion to bring
Consent Agenda Item H to the May 21, 2007 Council Study Session for further
discussion and study before approval; seconded by Council Member Sang; carried 5-3
with Council Members Rotola, Adams and Berry voting No.
Original Motion, as amended, carried 5-3 with Council Members Rotola, Adams and
Berry voting No.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 02-2007 - AN ORDINANCE AMENDING CHAPTER 26
OF THE CODE OF LAWS CONCERNING THE DEVELOPMENT
REVIEW PROCESS.
Mayor DiTullio opened the public hearing.
Council Bill 02-2007 was introduced on second reading by Council Member Sang, who
read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1383.
CITY COUNCIL MINUTES: May 14, 2007
Page -4-
Mr. White presented the staff report (attached to this packet).
Duane Chesley spoke in support of the proposed amendment and urged Council to
approve it tonight.
Mayor DiTullio called for a recess at 8:40pm; resuming at 8:52.
Mayor DiTullio closed the public hearing.
Motion by Council Member Sang to approve Council Bill 02-2007 (Ordinance 1383) on
second reading and that it take effect 15 days after final publication; seconded by Mrs.
Rotola.
Motion by Council Member Gokey to amend Section 2 of Council Bill 02-2007 such that
the Community Development Director shall notify City Council of the date and location
of all approved administrative variances of greater than 10%; seconded by Council
Member Sang; tied 4-4 with Council Members Stites, Rotola, Adams and Berry voting
No. Motion failed with Mayor DiTullio voting No.
Motion by Council Member Gokey to postpone until after the adoption of the
Architectural Manual; seconded by Council Member Womble; failed 3-5 with Council
Members Womble, Gokey and Sang voting Yes.
Alan White suggested the following amendments to Council Bill 02-2007:
1. Page 4, Paragraph D, [3.] to read: Will The special use will not create adverse
impacts greater than allowed under existing zoning for the property. adversely
aff::::t ~.r.:) adequate IigAt an= 2:~, :lor cause signifi:;z:-:t z1~, wmer or n:'c: ;::::Jllution.
2. Page 9, Paragraph C, to read: .. .intended character of the development and must
provide enough information for the review bodies to determine how the property
will be developed.
3. Page 10, Paragraph d, to read: A "to scale" sketch plan showing general
indicatien of access to the property, areas to be landscaped, parking areas, building
locations, buffering, pedestrian linkages on site and to adjacent sites, and any
other design features such as plazas, courtyards, outdoor seating areas or other
areas of interest. The drawing shall include existing conditions on properties
adjacent to the proposed development, including but not limited to buildings,
easements, landscaping, topography and other improvements.
4. Page 11, Item v, to read: Aerial perspective or "birds'-eye-view" image of the
project showing building location, layout, bulk and height in three dimensions.
CITY COUNCIL MINUTES: May 14, 2007
Page -5-
5. Page 17, Item b1, to read: The proposed final development plan conforms with
the approved outline development plan and incorporates all recommended
changes, modifications and conditions of approval imposed by City Council.
6. Page 18, Item c, to read: The Community Development Director may approve,
deny or approve the proposed final development plan with conditions. In the case
of a denial by the Community Development Director, or if the applicant objects to
conditions of approval imposed by the Community Development Director, the
applicant may appeal the decision to City Council at a public hearing within thirty
(30) days of the decision.
Council Member Sang affirmed her original motion to approve Council Bill 02-2007 and
agreed to the amendments suggested by Alan White; seconded by Mrs. Rotola; carried
7-1 with Council Member Gokey voting No.
Motion by Council Member Stites to adopt, as an Administrative Rule rather than as part
of the Ordinance language, Council Member Gokey's original motion regarding
Community Development Director notification to Council Members of Administrative
Variances of more than 10%; seconded by Council Member Sang; carried 6-2 with
Council Members Rotola and Adams voting No.
Item 3.
COUNCIL BILL 03-2007 - AN ORDINANCE PROVIDING FOR
, APPROVAL OF A ZONE CHANGE FROM COMMERCIAL ONE (C-1) TO
PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL
OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED
AT LOT 2, CADENCE SUBDIVISION (CASE NO. WZ-06-11/BENTON).
Mayor DiTullio opened the public hearing.
Council Bill 03-2007 was introduced on second reading by Mr. Womble who read the
Executive summary. City Clerk Michael Snow assigned Ordinance No. 1384.
Travis Crane presented the staff report (attached to this packet).
Representing the applicant, Lucy Dinneen of DTF Benton LLC, spoke in favor ofthe
rezoning and urged the Council to approve. Mrs. Dinneen informed Council that the
property owner would agree to the following amendments to the proposed rezoning:
1. increase the 3-foot setback to 5 feet
2. designate only single-family development in the Plan.
Charles Durbin and John Montoya spoke in opposition to the rezoning.
Mayor DiTullio closed the public hearing.
Mayor called for a recess at 10:02pm, to resume at 10:1 Opm
CITY COUNCIL MINUTES: May 14, 2007
Page -6-
Mr. Crane informed Council of the following additional conditions amenable to the
property owner's agent, Lucy Dinneen:
1. Increase front-yard setback from 21.5 to 25 feet;
2. Increase percentage of brick on first floor of the East, street-facing side of the
building to 100%.
Rezoning/Outline Development Plan
Motion by Council Member Womble to table indefinitely Council Bill 03-2007, thereby
denying case number WZ-06-11, a request for rezoning from Commercial One to
Planned Residential Development including an Outline Development Plan for property
known as Lot 2 Cadence Subdivision for the following reasons:
1. The design is not consistent with the Comprehensive Plan.
2. The design is not consistent with the area.
Motion seconded by Council Member Sang; failed 2-6 with Council Members Sang and
Womble voting Yes.
Motion by Council Member Berry to approve Council Bill 03-2007 as amended by
Travis Crane, Case No. WZ-06-11, Ordinance No. 1384, for the following reasons:
1. The proposed zone change will be consistent with the existing surrounding land
use. A residential structure will provide a buffer from the existing commercial
development adjacent to West 38th Avenue.
2. The change in zone will not adversely affect the public health, safety or welfare,
nor will it create an isolated or spot zone district.
3. The change in zone will be in conformance with several goals of the
Comprehensive Plan, specifically providing quality, aesthetically pleasing
housing, providing a variety of housing and development that is a contribution to
and compatible with the surrounding neighborhood.
Motion seconded by Council Member Rotola.
Council Members Berry and Rotola reaffirmed their Motion and Second, agreeing to the
amendments previously mentioned by Mr. Crane:
1. The front-yard setback shall be increased to 25 feet.
2. The eastern elevation, for the first floor, shall be 100% brick fa9ade.
Motion by Council Member Gokey to further amend the proposed rezoning to allow for
a single-family home only; seconded by Council Member Sang; carried 5-3, with Council
Members Stites, Rotola and Adams voting No.
Original Motion by Council Member Berry to approve Rezoning and Outline
Development Plan with the agreed amendments carried 8-0.
CITY COUNCIL MINUTES: May 14, 2007
Page -7-
Final Development Plan
I
Motion by Council Member Berry to approve the Final Development Plan, as amended
to reflect the single-family residential designation, associated with Case No. WZ-06-11
for the property known as Lot 2 Cadence Subdivision for the following reasons:
1. The Final Development Plan is consistent with the Outline Development Plan.
2. The Final Development Plan meets the standards established in Chapter 26,
Article III of the Wheat Ridge Code of Laws;
seconded by Council Member Rotola; carried 8-0.
Item 4.
COUNCIL BILL 04-2007 - AN ORDINANCE AMENDING CHAPTER 2 OF
THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE V,
CONCERNING THE ADMINISTRATIVE MODEL PROCESS OF
CERTAIN CODE OF LAWS PROVISIONS, AND AMENDING CHAPTER
15 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE THAT A
NOTICE OF VIOLATION ISSUED PURSUANT TO CHAPTER 2,
ARTICLE V, SHALL CONSTITUTE A NOTICE TO ABATE A NUISANCE.
Mayor DiTullio opened the public hearing.
Council Bill 04-2007 was introduced on second reading by Mr. Stites who read the
executive summary. City Clerk Michael Snow assigned Ordinance No. 1385.
Police Chief Dan Brennan presented the staff report.
Mayor DiTullio closed the public hearing.
Motion by Council Member Stites to approve Council Bill 04-2007 (Ordinance 1385) on
second reading and that it take effect June 15, 2007; seconded by Council Member
Womble; carried 8-0.
Item 5.
COUNCIL BILL 05-2007, AN ORDINANCE APPROVING DISPOSITION
OF CITY OWNED PROPERTY LOCATED NEAR THE INTERSECTION
OF 38TH AVENUE AND HIGH COURT.
Mayor DiTullio opened the public hearing.
Council Bill 05-2007 was introduced on second reading by Council Member Womble
who read the executive summary. City Clerk Michael Snow assigned Ordinance No.
1386.
Rob Osborn, Director of WR2020, presented the report.
Motion by Council Member Schulz to continue the Council Meeting beyond the
approaching 11 :OOpm hour; seconded by Council Members Adams and Sang; carried 7-
1 with Council Member Gokey voting No.
CITY COUNCIL MINUTES: May 14,2007
Page -8-
No citizens were present to speak.
Mayor DiTullio closed the public hearing.
Motion by Council Member Womble to approve Council Bill 05-2007 (Ordinance 1386)
on second reading and that it take effect immediately upon adoption; seconded by
Council Members Gokey and Rotola; carried 8-0.
ORDINANCES ON FIRST READING
Item 6.
COUNCIL BILL 06-2007, AN ORDINANCE REPEALING AND RE-
ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS PERTAINING TO SIGN CODE.
Council Bill 06-2007 was introduced on first reading by Mr. Schulz.
Motion by Council Member Schulz to approve Council Bill 06-2007 on first reading,
order it published, public hearing set for Monday, June 11, 2007 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication; seconded by
Council Member Rotola; carried 8-0.
Item 7.
COUNCIL BILL 07-2007, AN ORDINANCE AMENDING CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING
OF SOCIAL CLUBS, AND COUNCIL BILL 08-2007, AN ORDINANCE
AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO
INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF
SOCIAL CLUBS, CASE NO. ZOA-06-05.
Council Bill 07-2007 was introduced on first reading by Council Member Sang.
Motion by Council Member Sang to approve Council Bill 07-2007 and Council Bill 08-
2007 on first reading, order them published, public hearing set for Monday, June 11,
2007 at 7:00 p.m. in the City Council Chambers, and that they take effect 15 days after
final publication; seconded by Council Member Schulz; carried 8-0.
Item 8.
COUNCIL BILL 09-2007 - AN ORDINANCE AMENDING CHAPTERS 5
AND 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS
CONCERNING CERTAIN CONTRACTOR'S LICENSES.
Council Bill 09-2007 was introduced on first reading by Council Member Schulz.
Motion by Council Member Schulz to approve Council Bill 09-2007 on first reading,
order it published, public hearing set for Monday, June 11, 2007 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication; seconded by
Council Member Sang; carried 8-0.
CITY COUNCIL MINUTES: May 14, 2007
Page -9-
CITY ATTORNEY'S MATTERS
Concerning the Reappointment of Municipal Judge Randall, Mr. Dahl asked Council for
input as to whether they would prefer to meet with Judge Randall during a Study
Session prior to considering a Council Action to reappoint, or whether they would like to
immediately consider reappointment at a subsequent Council Meeting.
Motion by Council Member Stites to instruct Mr. Dahl to bring a reappointment package
to Council on the June 11, 2007 Council Meeting; seconded by Council Member Gokey;
carried 8-0
ELECTED OFFICIALS' MATTERS
City Clerk Michael Snow informed Council and viewers that State Senate Bill 045,
Concerning Open Records Retrieval Fees, was passed by the Legislature and signed
by the Governor on April 19, 2007. The Bill, which limits per-page fees to $.25 for such
records to be produced, does not, however, go into affect until August 8th, at the
soonest. Therefore, the City of Wheat Ridge will maintain its $.50 per-page fee until
that time.
Motion by Council Member Gokey to adjourn; seconded by Council Member Sang; tied
4-4 with Council Members Adams, Berry, Rotola, and Schulz voting No. Mayor DiTullio
broke the tie by voting yes. Motion carried 5-4.
Meeting adjourned at 11 :06 p.m.
~
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON JUNE 11, 2007 BY A VOTE OF _ to
Mike Stites, Mayor pro tem
The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
PROCLAMATION
GLORY OF GOD LUTHERAN CHURCH
SIB Annlve..... of N.mln. the Chu.ch
June 17, 2007
WHEREAS, this unto itself may not seem unusual for a church to reach a 25th
anniversary, but in this particular case it is unique and significant; and
j
W l1.I!;KEAS, three Lutheran Churches from two different Synods after many
years merged to become one in the State of Colorado and named itself Glory of
God Lutheran Church, Saint Timothy and Agape both from the Lutheran Church
Missouri Synod, formed a partnership to become Gloria Dei located on 32nd and
Zinnia, Gloria Dei then formed a partnership with Saint Mark Lutheran Churc;h
from the Lutheran Church of America, located on 38th Avenue near Ward. These
three congregations successfully formed a partnership and became a strong
Lutheran witness in the community; and
WHEREAS, the congregation formalized the name to Glory of God Lutheran
Church in the Evangelical Lutheran Church of America (formerly LCA), in June
1982. Since that time, this unified congregation has met at its present location
12200 West 38th Avenue, Wheat Ridge Colorado 80033; and
'" l1.I!;KEAS, the church serves the community of Wheat Ridge by hosting the
Habitat for Humanity Pumpkin Patch, Life Line Screening, Flu Shots
administered by Mile High Health Team, renowned photographer John Fielder's
presentations, and the church is used by groups such as: North Metro
Developmentally Disabled Group, School Groups, Boy and Girl Scout Troops
and various teachers use the church for student tutor sessions.
NOW, THEREFORE, the Mayor and City Council for the City of Wheat Ridge,
Colorado, do hereby recognize and applaud Glory of God Lutheran Church on its
25th Anniversary of Naming the Church, congratulate the church body on 25
years of community dedication and service.
IN WITNESS WHEREOF, I have hereunto set my hand and Seal of the City of
Wheat Ridge this day of 2007.
Michael Snow, City Clerk
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ITEM NO:
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REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE:
June 11,2007
TITLE:
RESOLUTION 16-2007 - A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND
ENVIRONMENT AND T.liE CITY OF WHEAT RIDGE FOR
COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN
THE AMOUNT OF $6,602.50
o PUBLIC HEARING
o BIDS/MOTIONS
l8J RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date)
o ORDINANCES FOR 2ND'READING
Quasi-Judicial: 0
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No
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EXECUTIVE SUMMARY:
To effectively deal with the continuing threat of mosquito borne transmission of West Nile Virus the
Jefferson County Department of Health and Environment (JCDHE) has contracted with OtterTail
Environmental for integrated mosquito management. Mosquito season is generally May through
September in Colorado with peak activity months being July and August. Although we cannot predict
how severe West Nile virus season will be this year, a typically wet spring, followed by a hot summer,
can increase the population of infected mosquitoes. JCDHE will be working with OtterTail
Environmental to control the mosquito species that can cany West Nile Virus. The primary means of
control will be to monitor habitat suitable for mosquitoes throughout the county and eliminate larvae
before they become adult mosquitoes. The services are detailed in the attached IGA.
OtterTail Environmental will provide Integrated Mosquito Management (IMM) services which include
identification and classification of mosquito breeding habitat, surveillance of adult and larval
mosquitoes, larval mosquito control (application of larvicides, source reduction, and/or biologic
controls), and public education and outreach. Adulticiding - the killing of adult mosquitoes through
aerial sprays and fogging - is not anticipated but the contractor shall maintain the capabilities to
implement, manage, and provide properly trained staff and supervisors to conduct adulticiding if
requested by JCDHE to do so. The proposed contract amount does not include the cost for
adulticiding.
cOMMISSION/BOARD RECOMMENDA nON:
None.
STATEMENT OF THE ISSUES:
None
ALTERNATIVES CONSIDERED:
An alternative would be for the City to coordinate its own prevention and control program. While this
is an option, it would neither be cost effective nor an effective countywide operation. In addition, the
City would be responsible for identifying and mapping the affected areas, outreach and information to
all residents and for applying any necessary larvicides and insecticides.
FINANCIAL IMPACT:
Jefferson County and the City of Wheat Ridge share the expense for mosquito control equally. Total
cost for full prevention and control services in Wheat Ridge is $13,205.00, the same as last year.
Wheat Ridge's portion of this expense is $6,602.50. Funds have been budgeted and are available in
the Central Charges Division of the General Fund.
RECOMMENDED MOTION:
"I move to approve Resolution 16-2007 - A Resolution Approving an Intergovernmental Agreement
(lGA) Between the Jefferson County Department of Health and Environment and the City of Wheat
Ridge for Cooperative Mosquito Management Program in the Amount of $6,602.50."
or,
"I move to table indefinitely Resolution 16-2007 for the following reason(s)
"
Report Prepared by: Patrick Goff, Deputy City Manager
Reviewed by: Randy Young, City Manager
Attachments:
1. IGA with Jefferson County Department of Health and Environment (JCDHE)
2. Resolution 16-2007
INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE
MOSOT}ITO MANAGEMENT PROGRAM
TillS INTERGOVERNMENTAL AGREEMENT is made and entered into and effective as
of the _ day of .2007, between the JEFFERSON COUNTY DEPARTMENT
OF HEALTH AND ENVIRONMENT, whose address is 1801 19th Street, Golden, CO 80401,
hereinafter referred to as the "Health Department"; and the CITY OF WHEAT RIDGE, a
municipal corporation of the State of Colorado, with its principal office located at 7500 W. 29th Ave,
Wheat Ridge, CO, hereinafter referred to as "Wheat Ridge."
WITNESSETH:
WHEREAS, the objective of public health mosquito control is to prevent the mosquito-borne
transmission of diseases to humans, livestock, and domestic pets, and in order to effectively deal
with the continuing threat of mosquito-borne transmission of West Nile Virus and other arboviral
diseases, the Health Department has contracted with OtterTail Environmental, Inc., ("OtterTail") for
Integrated Mosquito Management ("IMM") services within certain areas of Jefferson County,
Colorado, during the year 2007; these services shall be provided to Jefferson County and various
municipalities within Jefferson County at a cost per square mile basis, and
WHEREAS, said IMM services are detailed in a document entitled PURCHASE OF
SERVICES AGREEMENT, signed April 17, 2007, which includes the scope of work, the service
area map, the mosquito surveillance plan, the sentinel zone protocols, and a copy of the signed
confidentiality statement; a copy of which is attached hereto and incorporated herein as Attachment
A, and
WHEREAS, for a price to be paid to OtterTail by Wheat Ridge through payment to the Health
Department, OtterTail, through the direction of the Health Department, will perform the IMM
services as detailed in Attachment A for an area of appw,.illtately 9.5 square miles located within
the boundaries of Wheat Ridge; and
WHEREAS, the parties now desire to enter into this Intergovernmental Agreement so as to
memorialize their agreement with respect to their respective responsibilities regarding the provision
of such IMM services within Wheat Ridge's boundaries.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. PROVISION OF IMM SERVICES ,,",Ul1ll>l WHEAT RIDGE: Upon the signing of this
Intergovernmental Agreement by the parties hereto, the Health Department will direct OtterTail,
during the year 2007, to perform the IMM services set forth in Attachment A for an area of
approximately 9.5 square miles located within the boundary of Wheat Ridge. The services and
service fee do not include adulticide services. The Health Department will monitor the need for
adulticiding and will advise the County and all participating municipalities if an adulticide
program is recornmended and approved by the Board of Health and Board of County
Commissioners.
Page 1 of3
A I TACHMENT 1
2. PROVISION OF OTHER IMM SERVICES BY WHEAT RIDGE: Wheat Ridge shall
designate a point of contact for communication with the Health Department; provide public
education to their citizens; refer citizen complaints to OtterTail; coordinate with the Health
Department on IMM services or concerns; and advise the Health Department, by report, of the
IMM services, if any, conducted or directed by Wheat Ridge. The IMM service reports shall be
submitted on a monthly basis on or before the 5th of the month effective July 2007 and ending
October 2007. The monthly IMM service report, with the notation "re: West Nile IGA Report",
shall be sent to Jefferson County Department of Health and Environment, 1801 19th Street,
Golden Colorado 80401.
3. MONITORING THE PROVISION OF IMM SERVICES: Staff from the Health Department
will monitor the work of OtterTail and Wheat Ridge to ensure that the IMM services detailed in
Paragraph 1 and 2 above are fulfilled. The Health Department will be responsible for
coordinating between OtterTail and Wheat Ridge for the delivery ofIMM services detailed in
Attachment A. As needed, the Health Department will provide Wheat Ridge with public
education information and periodic reports regarding the status of mosquito-borne diseases and
vector control. Questions regarding the Health Department's IMM services shall be through Dr.
James Dale, Jefferson County Department of Health and Environment, 1801 19th Street, Golden,
Colorado, 80401; PHONE: 303-271- 5718; FAX: 303-271-5702; EMAIL: idale@ieffco.us.
4. PAYMENT OF WHEAT RIDGE IMM SERVICE FEE: Wheat Ridge agrees to pay to the
Health Department six thousand six hundred two and 5011 00 dollars (6,602.50) which is equal to
50 percent of the total Wheat Ridge IMM service fee of thirteen thousand two hundred five
dollars ($13,205.00) to reimburse the Health Department for Wheat Ridge's share of the IMM
services performed by OtterTail. After execution of this Intergovemmental Agreement by the last
party, Wheat Ridge shall pay the Health Department in three equal payments of two thousand
two hundred and 83/100 dollars ($2,200.83) in response to July, August and September invoices
from the Health Department. The payment, with a notation "re: West Nile IGA", shall be sentto
Jefferson County Department of Health and Environment, 1801 19th Street, Golden Colorado
80401.
5. PAYMENT OF UNIcORPORATED JEFFERSON COUNTY IMM SERVICE FEE: The
Health Department will pay for and direct OtterTail to perform the IMM services as set forth in
Attachment A located within unincorporated Jefferson County.
6. TERM;: The term of this IU;"'5v ..emmental Agreement shall be from the date of signature by the
last party hereunder to and until December 31, 2007.
7. LIABILITY INSURANCE cOVERAGE/INDEMNITYIWARRANTY: As described in
Paragraphs 5 and 6 of the PURCHASE OF SERVICES AGREEMENT, OtterTail shall maintain
liability insurance coverage and will hereby indemnify and hold the Health Department and
Wheat Ridge hannless from all claims, damages, loss, injury, cost and expense, including
attorneys' fees resulting from or related to any negligent or intentional acts or omissions of
OtterTail, its agents, employees, subcontractors and consultants, in its P",iUHUance of the
agreement. A copy of Otter Tail's Certificate of Liability Insurance is provided as Attachment B.
8. NO GUARANTEE BY THE HEAL TH DEPARTMENT: Wheat Ridge acknowledges that
Page 2 of3
although the objective ofthe IMM services to be performed within Wheat Ridge's boundaries by
OtterTail is to reduce the mosquito population and the consequent threat of transmission of West
Nile Virus, the Health Department makes no guarantee as to the effectiveness of such IMM
services in achieving such objective.
9. ~NTIRE AGREEMENT: This writing constitutes the entire Intergovernmental Agreement
between the parties hereto with respect to the subject matter herein, and shall be binding upon
said parties, their officers, employees, agents and assigns and shall inure to the benefit of the
respective survivors, heirs, personal representatives, successors and assigns of said parties.
10. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental Agreement shall be
deemed to constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Intergovernmental Agreement be deemed to have created a
duty of care which did not previously exist with respect to any person not a party to this
Intergovernmental Agreement.
11. NO l111KD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Intergovernmental Agreement,
and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned
parties and nothing in this Intergovernmental Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Intergovernmental Agreement. It is
the express intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Intergovernmental Agreement shall be an incidental
beneficiary only.
Signed by the parties' the
day of
.2007.
Jefferson County Department of Health and Environment
By:
By:
Secretary to the Board of Health
President Board of Health
ATTEST: CITY OF WHEAT RIDGE, a municipal corporation of the STATE OF COLORADO
By:
City/Town Clerk
By:
Mayor
APPROVED AS TO FORM:
By:
City Attorney
Page 3 of3
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, dated for reference purposes only the 30th day of March, 2007, is made and
entered into by and between the Jefferson County Department of HeaIth and Environment (JCDHE),
180119th Street, Golden, CO 80401, hereinafter referred to as nJCDHE", and OtterTaiI Environmental,
Inc., 1045 N. Ford Street, Golden, CO 80401, hereinafter referred to.as "Contractor."
WITNESSETH
WHEREAS, JCDHE is interested in contracting with a professional to provide public health integrated
mosquito management services for the purpose of preventing and controlling mosquito-borne diseases such
as West Nile Virus and West Equine Encephalomyelitis; and
WHEREAS, the Contractor desires to provide those services to JCDHE,
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the parties
hereto covenant and agree as follows:
1. TERM
This Agreement shall be in effect for the period April 17 , 2007 through December 31, 2007.
2. RESPONSffiILITffiS
These are defined in the Integrated Mosquito Management Program, Jefferson County, Colorado,
Scope of Work, General Description and Specifications (Eight pages plus Attachments A,B, and C)
that are ,attached as Exhibit A.
3. COMPENSATION AND PAYMENT
a. JCDHE will reimburse the Contractor a total of$213,226 in 5 equal monthly payments starting in
June, 2006. Contractor services will be documented and app,vved prior to authorization for
payment. The final or fifth payment will be made after the completion and appw val of all contract
requirements.
b. Contractor shall submit a monthly invoice to JCDHE by the 5th of the following month of service.
Failure to submit billing information in a timely manner and correct format shall result in non-
payment of invoice.
c. Contractor shall be reimbursed within fourteen (14) days after receipt and "ee.~ ~a1 of the invoice.
4. CONFIDENTIALITY
a. In performing services under the terms and conditions of this Agreement, Contractor agrees to
comply with all JCDHE confidentiality requirements. Contractor must sign and retnffi tbe
Statement of Confidentiality, attached as Exhibit B, with the Purchase of Services Agreement.
II
II
Ii
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Purchase of Services Agreement, Public Health Integrated Mosquito Management Services
Page 2
5. ,INDEPENDENT CONTRACTOR STATUS. PAYMENT OF TAXES AND INSURANCE;
COVERAGE
a: In performing services under this Agreement the Contractor is acting as an independent contractor
and not as an agent or employee of JCDHE.
b. As an independent contractor, the Contractor is solely liable and responsible for maintaining
v, v.:"... 's compensation insurance which complies with statutory requirements in the State of
Colorado; unemployment fusurance benefits, and the withholding and payment of any and all
federal, state and local taxes applicable to the receipt of funds or other consideration by the
Contractor under the terms of this Ae>"'''''uent.
6. INDEMNIFICATION,
a. Contractor hereby indemnifies and holds JCDHE and the municipalities in Jefferson County
harmless from all claims, damages, loss, injury, cost and expense, including attorneys' fees
resulting from or related to any negligent or intentional acts or omissions of the Contractor, its
agents, employees, subcontractors and consultants, in its performance of this Agreement. This
provision shall survive the termination of this Agreement.
,
7. INSURANCE
a. In performing services under this Agreement, the Contractor shall submit a certificate of insurance
to JCDHE establishing the Contractor has professional liability insurance provided by an insurance
carrier licensed to do business in the State of Colorado and meets or exceeds JCDHE minimum
insurance requirements.
8. NON ASSIGNMENT
a. Neither this Agreement nor any interest therein, or any claim thereunder, shall be assigned by the
Contractor to any third person without the prior written consent of JCDHE.
9. ,OFFICIALS NOT TO BE~!',l:' II
a. No elected or employed member ofJCDHE shall directly or indirectly receive or be paid any share
or part of this Agreemeiltor any benefit that may arise thereof. the Contractor warrants that it has
not retained any company or person (other than a bona fide employee working solely for the
Contractor) to solicit or secure this Agreement, and that the Contractor has not paid or agreed to
pay to any company or person, (other than a bona fide employee working for the Contractor), any
fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or
resulting from the award of this Agreement to the Contractor. Upon learning of any breach or
violation of this provision, JCDHE shall have the right to terminate this Agreement with no further
liability or obligation for payment.
Purchase of Services Agreement, Public Health Integrated Mosquito Management Services
Page 3
10. J<;MPLOYMENT OPPORTUNITY USE OF COLORADO LABOR ILLEGAL ALIENS
a. The Contractor shall not refuse to hire, discharge, promote, demote or discriminate in matt~rs of
compensation against any person otherwise qualified, solely because of race, creed, sex, color,
national origin or ancestry, disability or age. The Contractor shall not knowingly empioy
unauthorized aliens to perform any portion of the Agreement and shall comply with the provisions
of the hnmigration Reform and Control Act of 1986.
11. NON-APPROPRIATION
a. The payment of JCDHE's obligations hereunder in the fiscal years subsequent to the Agreement
period are contingent upon funds for this Agreement being appropriated and budgeted. Iffunds for
this Agreement are not "l'l'LUl'L;ated and budgeted in any year subsequent to the fiscal year of the
execution of this A&......~ent, this Agreement shall terminate. JCDHE's fiscal year is the calendar
year.
12. STATUTES. REGULATIONS AND ORDINANCES
a. The Contractor shall observe and comply with federal, state and local laws, regulations, rules or
ordinances that affect those employed or engaged by it, the materials or equipment used or the
performance of the project and shall procure any and all necessary approvals, licenses and permits
all at its own expense.
13. SEVERABILITY
a. If any provision of this Agreement or the application thereofto any person or in any circumstance
shall be unenforceable to any extent, the remainder of this A",...........ent and the application of such
provision to other persons or in other circumstances shall not be effected thereby and shall be
enforced to the greatest extent permitted by law.
14. ENTIRE AGREEMENI:
This Agreement and Exhibits constitute the entire Agreement among the partners and all other and prior
Agreements among the parties relating to such subject matter are hereby cancelled and superseded in their
entireties. No variations, modifications or changes herein or hereof shall be binding upon any party hereto
u.'1les3 set forth in a document duly ex;;;cu,cd by :;ueh pad:y.
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Purchase of Services Agreement, Public Health Integrated Mosquito Management Services
Page 4
IN "Wl'fNESS
~/T1
WHEREOF, the parties ~erero have duly executed
be effective as of J./; I 7 '7 .
this Agreenient as of
JJ;,!'!'J;,RSON COUNTY DEPARTMENT
OF HEALTH AND ENVIRONMENT
;di~
J
CONTRACTOR
~_J
Cathy Corcoran, President
Board of Health
ArrEST:
By:
OJ...., 0(/1
SSN I EIN
,
A.ttacbtllent A.
(
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EXHIBIT A
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT
2007 INTEGRATED MOSQUITO MANAGEMENT SERVICES
Service Agreement: SCOPE OF WORK
GENERAL DESCRIPTION AND SPECIFICATIONS
GENERAL DESCRIPTION
The service provider shall conduct an Integrated Mosquito Management (IMM) Program
for Jefferson County Department of Health and Environment (JDCHE) during the spring,
summer and fall of 2007. This program will be designed and implemented to control the
spread of the West Nile Virus (WNV) and other mosquito-borne diseases such as
Western Equine Encephalitis (WEE) by reducing the number of disease causing ,
mosquitoes.
The service provider shall employ established IMM principles and practices to reduce
the numbers of disease causing mosquitoes in Jefferson County. These principles and
practices include: identification and classification of mosquito breeding habitat,
surveillance of adult and larval mosquitoes, larval mosquito control (application of
larvicides, source reduction, and/or biologic controls), and public education' and
outreach. Adulticiding - the killing of adult mosquitoes through aerial sprays and fogging
- is not anticipated but the service provider shall maintain the capabilities to implement,
manage, and / or provide properly trained staff and supervisors to conduct adulticiding if
requested by JCDHE to do so.
,
The service provider shall provide the following IMM services within the service area:
A. Adult Mosquito Surveillance
B., Larval Mosquito Surveillance and Control
C. Public Education
D. Reporting
E. Record Keeping
F. Adult Mosquito Control Service Coordination
G. Department Employee Training
H. Board of Health Appearances
The service provider shall follow all applicable and appropriate Federal, State, and
Local rules and regulations such as EPA, OSHA, FIFRA and the like pertaining to the
implementation of the IMM services provided by the service provider in this Scope of
Work.
The service area is generally described as the "plains" area of Jefferson County
Colorado and consists of approximately 153 square miles. Specific requirements
pertaining to the service area, the services to be provided, term of the contract, and the
work products are described in the Specifications section of this Scope of Work.
2007 IMM SOW FINAL SA,doc
Page 1 of8
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EXHIBIT A
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT
2007 INTEGRATED MOSQUITO MANAGEMENT SERVICES
Service Agreem(\nt: SCOPE OF WORK
SPECIFICATIONS
I. SERVICE AREA
The service area is generally described as the "plains" area of Jefferson County
bounded by Broomfield County on the north, Chatfield State Park on the south,
Sheridan Boulevard on the east, and the Hogback on the west. The 2006 Integrated
Mosquito Manag~mentService,Area Map (Attachment A) illustrates the service area
and the known potential larval development (PLD) sites, A summary of the service area
is provided in the table below.
Areal Municioalit\(,
Unincorporated Jefferson County
Edgewafer
, Lakeside
Littleton.
MQrrison .
Mountairi VieW
Golden
Wheat Ridge
Lakewood
Bow Mar
Arvada
Total Square Miles:
Sai.lare Miles
77.2
0.7
0,3
0.6
1.2
0.1
9.3
9.5
26.7
0.3
27.5
153.4
,
II. SERVICES TO BE PROVIDED
A. Adult Mosauito Surveillance
1. The service provider shall provide all supplies, equipment and personnel to
operate and maintain:
a) Sixteen (16) CDC light traps at various sites selected with the concurrence
of JCDHE within the service area. These traps shall be operated one
night per week on the same day of the week for a period of13 weeks from
June 4, 2007 to August 31, 2007
b) Nine (9) gravid traps at sites selected with the concurrence of JCDHE
within the service area. The gravid trap sites mayor may not coincide with
the CDC light trap sites identified in paragraph a) above. These traps shall
be operated one night per week on the same day of the week for a period
of 13 weeks from June 4, 2007 to August 31 , 2007.
2007 IMM SOW FINAL SA.doc
Page 2 of 8
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EXHmIT A
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT
2007 INTEGRATED MOSQUITO MANAGEMENT SERVICES
Service Agreement: SCOPE OF WORK
c) Five (5) traps, included in paragraphs A, 1, a & b above, a second night
each week during the period of June 25, 2007 through August 10, 2007 as
part of the Mosquito Sentinel Program in accordance with state guideline,s.
The Mosquito Sentinel Program trap locations will be designated by
JCDHE in collaboration with the service provider.
2. If for any reason, such as inclement weather, any of the trap nights described
in paragraph a, b, and/or c above is cancelled, the service provider shall
notify JCDHE immediately. JCDHE may require the service provider to
resche,dule the cancelled trap night as conditions allow.
3. After each trap night the service provider shall collect, identify, speciate, and
count all trapped mosquitoes by methods recognized by CDC and/or the
Colorado Department of Public Health and Environment (CDPHE) and report
this information to JCDHE at least once per week.
'. 4. All' mosquito trapping activities including the submission of mosquito pool
specimens shall be conducted in accordance with the protocols established in
the current CDPHE Mosquito Surveillance Plan. A copy of the CDPHE 2005
Mosquito Surveillance Plan and West Nile Virus Mosquito Testing 2007
Sentinel Zone Protocol are provided in Attachment Band C respectively.
CDPHE updates or changes to these plans will provided by JCDHE to the
service provider.
>
5. The service provider shall assume all liability for the placement and operation
of any and all equipment. JCDHE shall not be responsible for any lost,
damaged or stolen traps and/or equipment.
6. The service provider shall maintain a toll-free (in Colorado) telephone line and
shall accept calls from the public reporting mosquito problems and/or
standing, stagnant water in the service area that may indicate the presence of
PLD sites. The service provider shall maintain a log of calls received and shall
summarize call activity in weekly and annual reports.
B. larval Mosauito Surveillance and Control: The primary and priority focus of
, larval control will be for tnose mosquitoes competent to transmit diseases such
as WNV. All mosquito complaints shall be thoroughly investigated and larval
control implemented based a balanced evaluation of risk associated with
concurrent infestation with mosquitoes presenting a public health problem and
impact on quality of life in the community.
Initial Inspection of PLD Sites: By June 21, 2007 the service provider shall
condL:ct an initial inspection of all knovJi1 PLD sites wiih:n the service area. At the
end of the 2006 IMM season there were approximately 600 known PLD sites
2007 IMM SOW FINAL SA,doc
Page 3 of 8
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EXHmIT A
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT
2007 INTEGRATED MOSQUITO MANAGEMENT SERVICES
Service Agreement: SCOPE OF WORK
contained in the 153.4 square mile service area. The 2007'IMM service area and
known PLD sites are identified on the Jefferson County Integrated Mosquito
Management Service, Area Map (Attachment A).
The purpose of the initial PLD inspection is to classify each PLD site as
"targeted" or "non-breeding". Targeted PLD sites are those sites which have the
highest potential for mosquito breeding. The remaining sites shall be classified
as non-breeding PLD sites or removed from the list of PLD sites if the site no
longer has the potential to breed mosquitoes. Any new PLD sites identified
during the initial inspection of PLD sites shall be added to the list of PLD sites
and shall be classified as "targeted" or "non-breeding".
On or before June 30, 2007 the service provider shall provide an updated list,
based on the previous end-of..;season PLD inventory, of all PLD sites and their
classification. The list shall include the serv,ice provider's recommendations for
additions, deletions, and/or revisions to the list of PLD sites.
1. Larval Mosquito Surveillance' and' Control: Upon completion and/or
commensurate with the initial inspection of designated PLD sites, the service
provider shall commence the following routine PLD surveillance and larval
control activities:
,
a) T~rgeted sites shall be inspected at least once per week by visual
observation and by dipping any standing water for mosquito larvae.
b) Non-breeding sites shall be inspected based on changes in climactic
conditions but at least once per month to determine if any changes have
occurred that would warrant a re-evaluation of their status.
c) Storm water structures shall be inspected based on environmental
conditions that could promote the development of mosquito larva at such
structures. Strategically lo,cated storm water structures (catch basins,
detention ponds, storm water inlet boxes, and the like) shall be inspected
at least once per week for the presence of mosquito larvae. The results of
the storm water structure inspections shall be included in the weekly totals
and year to date totals in the weekly reports. ,
d) During the course of conducting IMM activities, identify any additional
and/or new PLD sites by noting any areas of clogged ditches and streams,
standing water, etc., and inspect and classify each additional and/or new
PLD site as a targeted or non-breeding site. All additional and/or new PLD
sites shali be mapped and recorded, regardless of their classification.
Note such features as abandoned swimming pools, etc., which have the
potential for supporting iarval devalopment, report these features to
2007 IMM SOW FINAL SAdoc
Page 4 of8
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EXHIBIT A
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT
2007 INTEGRATED MOSQUITO MANAGEMENT SERVICES
Service Agreement: SCOPE OF WORK
JCDHE, and work with local code enforcement officials to locate, identify,
and apply the appropriate IMM measures to these sites.
e) If it is determined that any PLD site in a, b, c, and/or d above are
producing Culex sp. or other potential arboviral vector mosquitoes, apply
the appropriate, federally approved materials, such as but not limited to
180-day briquettes, 30-day residual pellets, granular larvicides,
monomolecular oils, etc. and/or utilize other recognized methods of larval
control such as source reduction.
f) Use tt)e most appropriat~ method.for larvicicl~,distribution, sucl'\ as hand
application, backpack broadcasters, All Terrain Vehicle (ATV), etc.
g) Maintain Material Safety Data (MSD) sheets for all products used and
provide such information upon request to employees, the public, and/or
JCDHE.
h) As appropriate, conduct and document post-treatment quality control
inspections within 24 to 48 hours to assure the larvae population has been
controlled. If larvae are found, a second application of control material
shall be applied. These activities shall be included in the weekly activity
reports.
,
i) Develop a method to contact private property land owners and obtain
permission to enter property to conduct IMM activities. Entry onto private
property shall be by prior authorization of the owner/agent.
j) Maintain real-time documentation of all PLD site surveillance and larval
control activity and enter real-time data into a JCDHE approved electronic
database. An electronic copy of the database shall be provided to JCDHE
on or before November 1. 2007 and/or upon the request of JCDHE.
c. Public Education
1. The service provider shall maintain a public education website providing
general information on WNV and WEE, including basic disease information,
tips for personal protection, information for homeowners on standing water,
aerial spraying information (if appropriate), phone numbers to call, links to
other websites, etc.
2. The service provider shall coordinate with JCDHE to provide printed public
education information relating to WNV and/or WEE for the topics referenced
in paragraph 1, above.
3. in the eVeilt :r.at auJlticiding or aerial sp:3yi,;g is 10 be perfoi.nsd, t:IO sE:rvh.:e
provider shall notify all residents in the area to be sprayed who are registered
2007 IMM sow FINAL SAdoc
Page 5 of 8
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EXHIBIT A
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT
2007 INTEGRATED MOSQUITO MANAGEMENT SERVICES
Service Agreement: SCOPE OF WORK
in the State of Colorado Pesticide Sensitive Registry. A minimum of 3
attempts shall be made to reach these persons prior to the spraying or
application. The Ultra Low Volume (ULV) insecticide application will be shut
off in front of and upwind from sensitive resident's properties. The service
provider shall maintain MSD sheets for all products used and shall provide
such information upon request to employees, the public, and/or JCDHE. If
adulticide spraying is required the service provider shall collaborate with
JCDHE to coordinate the delivery of these services.
D. Record Keeoina
The, service provider shall maintain all records and documents pertaining to the
services provided under this contract for a period of 3-years. By December 1,
2007 and/or upon the request of JCDHE, the service provider shall provide
JCpHE with copies. of any and all records and documents pertaining to the
services provided under this contract in an electronic and/or hard copy format
approved by JCDHE.
E. Reeortinp "
1. Weekly,Report: The service provider shall provide a weekly summary report
of IMMservice activities. Weekly reports shall include but not limited to:
,
a) The total number of PLD site inspections and post-treatment quality
control inspections performed and the number these inspections for each
municipality and for the unincorporated area of the County.
b) The number of larvicide applications, including products used and
methods of dispersal.
c) The number of mosquitoes caught in light and gravid trapping, including
the number of the various Culex or other arboviral vector species.
d) The number of inspectors used and the amount of time spent conducting
contract work, reported as larval inspection time, mosquito trapping time,
and office or support time.
e) The number of complaints received, areas inspected because of those
complaints, the findings of each inspection and actions taken.
2. Annual Report: By December 1, 2007 the service provider shall provide an
annual report to JCDHE regarding all IMM service activities performed under
this contract. The annual report shall be provided in a format acceptable to
JCDI-:E both electronically and in hard copy (5 copies) and shall include but
not limited to:
a) surveillance activities and findings,
2007 IMMSOW FINAL SA.doc
Page 6 of8
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EXHIBIT A
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT
2007 INTEGRATED MOSQUITO MANAGEMENT SERVICES
Service Agreement: SCOPE OF WORK
b) total hours logged for each service activity by the service provider and its
employees,
c) total number of PLD sites inspected, total number of sites treated, total
number of mosquito trap nights, etc.
d) an end of season map that illustrates the PLD sites identified and
inspected during the contract season,
e) the GIS shape files or other electronic files used to create the PLDsite
map.
f) a complete list of all PLD sites and their classification. The PLD list shall
include the service provider's recommendations for additions, deletions,
and/or revisions to the list of PLD sites.
F. Adult Mos,guit6 ControlProtiram Develobment and' Coordination: 'In the
event of a Public Health Emergency, the service provider shall assist JCDHE in
the development of timely adult mosquito control programs, such as ground
and/or aerial adulticide spraying. Adult mosquito control programs shall be
conducted accordance with all state and federal requirements. The cost of this
service and adult mosquito control programs are not included in this contract.
,
G. Deoartment, Emolovee Trainino: Upon request the service provider shall
provide up to four (4) hours of training for Department employees.
H. Board of Health AOQ.earances: Upon request the service provider shall appear
before the Jefferson County Board of Health to provide updates and/or a year-
end report on contract activities. Up to six Board of Health appearances may be
requested by JCDHE.
III. TERM OF SERVICE AGREEMENT
The Service Agreement shall be in effect for the period beginning April 17 , 2007 through
December 31, 2007. All field service activities shall commence no later than June 1,
2007 and shall continue until JCDHE determines that a specific field service is no longer
needed, but no later than September 30, 2007.
IV. WORK PRODUCTS
Any and all maps, reports, spreadsheets, databases, geographical information system
(GIS) files, newsletters and other hard copy or electronic documents generated by the
service provider in fulfillment of its obligations under this contract shall be the property
of JCDHE, who shall have sole and complete discretion regarding their use and
di:;l~jbutic,i. I..a work pioduct.. shall Le delivared tv JemiE in a mutua Ii}> agreed upun
hardcopy and/or electronic format suitable for including in reports and folders. The data
2007 IMM SOW FINAL SAdoc
Page 7 of8
(
(
EXHmIT A
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT
2007 INTEGRATED MOSQUITO MANAGEMENT SERVICES
Service Agreement: SCOPE OF WORK
and weekly reports will be furnished in standard 8 % by 11 inch paper. All reports will
include the activity undertaken in each of the cities in the County. Delivery of the
principal work products shall be provided according to the following delivery schedule. :
Work Product Delivery Schedule
I Work Product
Begin Larval Mosquito Surveillance and Control
Begin Adult Mosquito Surveillance
First Weekly Report
CoinpletelnitiallilSpection of f.>LD Sites '
Provide updated list of PLD sites and their classification
End Adult Mosquito Surveillance
End Larval Mosquito Surveillance and Ccmtrol
Last Weekly Report
Electronic database of larval' surveillance and control activities
I Copy of records and documents pertaining to 2007 IMM'
services under this contract
I FirSt draft Annual RePQrt
I Final draft Annual Report
Delivery Date
June 1, 2007
June4, 2007
June 8, 2007
"Ju.ne,21 , 2007
June 30, 2007
August 31, 2007
September 30, 2007
October 5, 2007
November 1,2007
'\0("
,
December 1, 2007
, December 1, 2007
December 31, 2007
ACRONYMS
Acronym DefinitiOn
CDC Centers for Disease Control and Prevention
CDPHE Colorado Department of Puplic Health and Environment and its employees
GIS Geographical Information Systems
IMM Integrated Mosquito Management
JCDHE Jefferson County Department of Health and Environment and its employees
MSD Material Safety Data
PLD Potential Larval Development
WEE Westem Equine Encephalitis
WNV West Nile Virus
Attachment A: Jefferson County IMM Program Service Area Map
Attachment 8: CDPHE 2005 Mosquito Surveillance Plan
Attachment C: CDPHE West Nile Virus Mosquito Testing 2007 Sentinel Zone Protocol
2007 IMM SOW FINAL SA.doc
Page 8 of8
2006 Integrated Mosquito Management Service Area Map
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Attachment A
Attacbment B
Attachment B
2005 Mosquito Surveillance Plan
3/23/05
A. Introduction:
Mosquito trapping and testing data provide both qualitative and quantitative information on
arbovirus activity and potential human risk in an area. Advances in testing mosquito pools
and calculation of minimum infection rates allow an integrated system based on mosquito
surveillance to comprise a large part of the arbovirus surveillance strategy. Testing will
focus on Culex species of mosquitoes, as these are the primary human vectors.
B. Plan Description:
Mosquito testing this season will remain essentially unchanged from 2004. It will again
have a three-tiered approach utilizing, once again, sentinel, floater, and permanent
mosquito trap sites. Sentinel sites (see attached Mosquito Sentinel Site Guidelines) will act
as a longitudinal system to replace chicken flocks, provide population data based on a
consistent trapping protocol, and allow testing for the three arboviruses present in Colorado
(Western equine, St Louis, and West Nile). Permanent traps are the ,loDl!:-term mosquito
trap sites that local surveillance I control operations maintain at their own discretion, above
and beYOlid the sentinel sites agreed to by CJ)PHE. Floater traps are those that are
deployed based on current surveillance data such as positive birds and horses or human
cases to provide local risk assessment, and to support local control and prevention
decisions.
Sentinel Trans
Unlike sllntinel chicken flocks, whose sole purpose as a surveillance tool was to detect the
presence of mosquito borne viruses, mosquito sentinel sites will also provide temporal
mosquito population data, species make-up, and infection rate data. In addition, the long-
term baseline data that will be collected, using a standardized trapping and testing protocol,
can be used to accurately compare year-to-year changes in mosquito populations. It is
hoped that this approach can be sustained and provide a long-term surveillance system for
arbovirus activity into the future.
Mosquitoes will be collected at the sentinel sites weekly and all pools of Culex species will
be tested forWNV using RT-PCR. A sample of submitted pools will also be tested for
Western Equine Encephalitis (WEE) and St. Louis Encephalitis (SLE) viruses. This will
permit accurate mosquito infection rates to be calculated. The number of sentinel mosquito
trap sites will increase slightly (21 sites) from last season (15 sites) to upgrade the level of
eoverHge acro~s the state, As was the case last season. the selection of sentinel sites wi1\
J:tandal'OSMosqlMo"lCo!lecIProlocolsl'OSMo"lSurveilPIn _ RevB _ 3-23-0S,doc
1
Attachment B
be determined by geographic location and the willingness of the local health agency, MAD,
etc. to assume the responsibilities of maintaining a site during this and subsequent years.
Floater Mosouito Trans
"Floater" mosquito trap testing will integrate the qualitative virus data collected from dead
birds, horse and human cases ,with the quantitative data mosquito trapping can provide.
Local agencies will decide the need for trapping in their area, which should be driven by
positive virus fmdings using other surveillance tools (positive dead birds or horses). These
trap site locations are expected to change from year to year based on local surveillance
needs.
Permanent MOSQuito Trans
The third category of mosquito trapping includes permanimt mosquito trapsltesthat iocal
organizations and agencies operate and maintain, usually to mouitor nuisance mosquito
populations. The testing of Culex pools collected from these traps depends largely upon the
conditions that exist at that site. Sampling and testing criteria will be discussed below (see
C. 3. c. Mosquito testing criteria).
Surveillance Dates to Remember
Dead bird and mosquito surveillance activities will commence May l't. luitial testing will
focus on dead birds as they will be a more sensitive indicator of virus activity early in the
season when mosquito populations and infection rates are low. Once virus is detected in an
area, mosquito testing should be used to assess the level of risk for human transmission.
Dead bird testing should be limited to no more than two or three WNV+ birds from the
same area (i.e., approx. 5 mf area or 1.25 mi. radius). Further bird testing does not provide
additional information and expends limited lab resources. Unlike last season l1owever,
corvid bird specimens meeting sampling ~.:t~.:a will be accepted beyond the July 1st
deadline date for bird testing if no other WNV + birds or other surveillance tool
iudicates virus activity in that area.
All Culex spp. mosquito pools from sentinel trap sites will be tested using RT -PCR at the
CDPHEILSD lab in Denver. However, mosquito pools from sentinel traps in Moffat,
Mesa, and Delta counties will be sent to and tested at the regional labv.,,;v.; in Grand
Junction.
Prior to July,I!S, Culex mosquito pools fromfloater and permanent traps should be tested
at the CDPHE Laboratory Services Division (LSD) using RT -PCR because of its greater
sensitivity.. ..' .; , ' '
'?one Trauniu!!: During this early trapping period (May l't to July 1'\ in an effort to
stretch diagnostic resources, surveillance participants are strongly encouraged to "zone"
trap their floater and permanent trap captures. That is, co-mingle, by species, Culex
mosquito captures from several floater or permanent traps in a general geographic area to
increase the size of pools being tested. Because early season Culex numbers are not
expected to be very high until later in the season, pooling captures from several traps will
reduce the number of small mosquito pools that use the same test as would a pool of 50
J:tanda/'05MosqlMo"'lCollectProtocolsl'05MosqSurveilPIn _ RevB _3-23-05,doc
2
Attachment B
mosquitoes. If a positive, co-mingled pool is detected, subsequent collections specific to a
trap may be submitted in order to determine which trap the positive pool came from.
After Julv I!!, when expanding Culex mosquito populations and increasing infection rates
should offset the lower sensitivity ofVecTest@, mosquitoes from these floater and
permanent traps will be tested by VecTest@ at the six regional laboratories. If WEE or SLE
activity is observed, regional labs will be provided with multi-antigen VecTest@ kits valid
for all three viruses.
Participants in the surveillance program are encouraged to use limited mosquito testing
resources responsibly. At this time there will be no testing quota assigned to each county.
Depending on the intensity of virus activity that is detected, the risk of human exposure,
planned control..fIv,;", etc., diagnostic resources may be diverted to where they are needed
most. Regional epidemiologists 'and CDPHE will be monitoring diagnostic resource usage,
suggesting where testing is needed and curtailing usage when it's at't'.~t'.;ate based on
virus activity and the resources that are available for that region or county.
C. Plan Criteria:
1. Sentinel Mosquito Trap Sites:
a. Obligations:
'1) Trapping Schedule: weekly from early May through September. In 2005, 'it is
recommended that a trapping frequency of one uight per week be observed,
adding additional uights if needed due to inclement weather.
2) Each site will consist of2CDC CO' baited, light traps and one gravid trap.
3) Traps shall be properly maintained and baited "t'l'>Vl',;ately (i.e., dry ice for
light traps and straw-manure infusion for gravid traps). See "Mosquito
Trapping and Handling Protocol" dated 4/29/04.
4) Accurate records ,m\lintl\ined (date, # trap nights, # mosquitoes by species"
Culex population density, weather conditions, etc.)
5) W eeklv submission of Culex mosquito pools and data to LSD in Denver or if
the pools are from Mesa, Delta, and Moffat counties, pools should be sent to the
regional lab in Grand Junction.
6) Calculation of Infection Rates
b; Site considerations:
1) Care should be used in selecting a sentinel trap site so they do not have to be
moved to insure continuity of data. Site should be stable and easily accessible.
2) 'Site has a history of significant Culex mosquito activity and close proximity to
81'1',vl',;ate Culex breeding habitat
3) Close proximity to human populations
4}.. Availability ofrestiyg sites,and,pwtection frof\l w:nd (e,g. culverls. fences.
shrubbery, trees, sheds, etc.)
5) Away from competing sources of light (light traps) or oviposition sites (gravid
traps).
6) Avoid areas where heavy, regular adult mosquito and/or insect control
areperformed.
7) History of past arbovirus activity.
Note: "Sentinef' trap sites should remain at the same site each season; however,
tr.lpS can h m:)\'ed withi" a gerernl are~ (< 0." mile. 0f,imilar habitat ir. (:~dcr
J:tandal'05Mosq/Mo"'lCollectProtocolsl'OSMo"'lSurveilPIn_RevB _3-23-0S,doc
3
Attachment B
to improve trap p",fuuuance and are not required to hang from the same tree
week after week.
c. Mosquito pooling suggestions:
1) Sorted Culex mosquitoes of the same species from the two light traps can be co-
mingled into common pools.
2) Sorted mosquitoes from the gravid traps cannot be co-mingled with the same
species from light traps. They must remain segregated in separate pools.
Note: to calculate mosquito population density, take the total number of
captured mosquitoes, by species, and divide by the number of trap nights.
2. Floater Mosquito Traps
a. Location l',,.r",,,uces: same as above, except that a confirmed, infected dead bird,
horse~ and/or human case has been reported in the area." "
b. Deployment considerations:
1) Surveillance data will be used to support mosquito control activitivies .
2) Trap(s) deployed for a minimum of two (2) weeks.
3) Trap(s) operated a minimum of one night per week, adjusted to allow for
inclement weather.
4) Traps properly maintained and baited al'l'wl',;ately.
5) Mosquito captures sorted and pooled. Culex species submitted to the
al'l'wl',;ate regional lab or LSD lab for testing.
c. Obligations:
1) Trap data (e.g., trap nights, species, #'s, dates, Culex population density,
weather conditions, etc.) maintained.
2) Calculation of Infection Rates
3) "Zone Trapping" see above.
3. Permanent Mosquito Traps
a. Location preferences: same as those described for sentinel andjloater traps.
b. Deployment considerations: the selected location has a history of trapping at that
site.
c. Mosquito testing criteria:
1) Many permanent traps have an established history and have collected an
abundance of mosquito data over the years, but often have been deployed as a
result of nuisance mosquito monitoring as opposed to arbovirus activity in
which case, nuisance mosquito species will not be tested at this time
2) Culex mosquitoes from permanent traps should be tested if the site is within
1.25 mi. of a WNV+ bird, horse or human case, a sustained increase in the
Culex mosquito population is noted, and/or the site provides the only arbovims
surveillance data for that area. '
c. Obligations:
1) Trap data (e.g., trap nights, spp. #'s, dates, Culex population density, weather
conditions, etc.) maintained.
2) Calculation of Infection Rates
3) "Zone Trapping" see above.
J:tandal'05Mosq/Mo"'lCollectProtocol&"05Mo"'lSurveilPIn _Rev 8 _3-23-05.doc
4
Attachment C
o<ado Department
.fPublicHealth
ndEnvironment
West Nile Virus Mosquito Testing 2007
SENTINEL ZONE PROTOCOL
Sentinel Zone Concent
The goal of surveillance for mosquito-borne viruses (WNV, SLE, WEE) is to determine the human
transmission risk in order to implement control and prevention strategies. To facilitate a
standardized method of data collection and insure continued operation during anticipated budget
reductions, the mosquito sentinel site concept was launched in 2004. Although these sites have, in
general, accurately assessed West Nile Virus (WNV) activity in the region some problems have
been identified. Specifically there was concern that a single site provided a poor representation of
the region's mosquito populations and, more importantly, a single site was vulnerable to
environmental changes that could reduce its effectiveness.
To address the problems associated with a single trap location, the sentinel site concept is being
modified into a "Sentinel Zone" approach. Within a defmed "sentinel zone" mosquito traps are set
in strategic locations to ensure successful trapping of adequate numbers of mosquitoes throughout
the WNV season. If one trap. or site become,s inoperable, mosquitoes fr9m other traps in the zone
can stili be tested and the poor trap site can be relocated to another location within the zone.
, "
Following standardized trapping and testing protocols, a sentinel zone would provide data about
mosquito population density, species make-up and arboviral activity that is comparable over the
years. Furthermore, 'this approach will provide sufficient mosquito testing volume for calculating
accurate infections rates to allow control decisions to be made (i.e. to spray or not to spray) in time
to have a public health benefit. All Culex species mosquitoes collected in the sentinel zones will be
tested for WNV by RT-PCR and Ii sample of the submitted pools will also be tested for Western
equine encephalitis (WEE) and St. Louis encephalitis (SLE),
Scone of Work
I) Definin!! a zone: Local agencies can determine where a zone will be located and what
geographic area it will encompass within the following parameters:
~ A wne will be a circle with a minimum radius of 1.5 miles and a maximum radius
of 5 miles
~ The center point of the circle will be used as the geo reference pnint for the wne
(latitude/longitude).
2) Trao olacement: Each zone will consist of five CO2 baited light traps. Local agencies can
determine where within the zone these traps are located.
~ Gravid traps or additional light traps can be maintained in the zone, however
mosquitoes from other traps cannot be combined with the five zone traps for
either testing or calculation of infection rates.
~ The same location for each trap must be used throughout a season. However,
when neces~arv a non-producing trap can be moved to another location within
the zone although this should be minimized and occur early in the season.
Coi~ Dq,.rm.enl
nfPublic Health
andEmironment
Attachment C
3) Traooinl! schedule: To better reflect the WNV transmission season in Colorado AND
ensure the majority of samples (:::60%) are tested during the peak of the transmission
season the following schedule will be used. This schedule will result in a total of 100
trap/nights per zone for the season. Agencies can decide which night of the week to use
although the same day should be used each week when possible
~ Weeks of June 4th through June ISth, 2007 - trap one night per week
~ Weeks of June 25th through August 6th, 2007 - trap two nights per week
~ Weeks of August 13th through August 27th, 2007 - trap one night per week
4) Mosouito Submission: The 5 traps within the sentinel zone could be viewed as one large
mosquito trap from which the pooled infection rate and vector index will be calculated to
assess human risk.
~ All female Culex mosquitoes trapped in a sentinel zone must be submitted to the
state lab.
~ Submit mosquitoes in separate pools by Cx. taralis and other Culex (i.e. Cx.
pipiens, Cx erythrothorax, Cx resturans combined).
~ Pool size can be up to 65 mosquitoes per vial.
~ CRITICAL -- the exact number of mosquitoes per vial must be recorded
as this affects the infection rate calculations.
~ Culex mosquitoes captured in the 5 zone traps and the captures from the 2 nights
per week during the peak of the trapping period should be co-mingled into the
minimum number of pools. This will extend limited testing resources.
5) Data Maintenance: Accurate records of trapping results must be maintained to allow year-
to-year comparisons and monitor trends in mosquito populations. Dramatic changes in
Culex numbers or proportions can provide an early indication of increasing human risk.
~ It is stronl!lv recommended that all mosquitoes in the traps be identified to species
and that population data be maintained for all species.
~ At a minimum, data to maintain should include: trapping dates, # mosquitoes in the
zone traps, Culex population density by species (Cx tarsalis and other Culex at a
minimum), and weather conditions on night of mosquito trapping.
~ At the end of the season, a file with the sentinel zone data for the entire season
(preferably in electronic format) must be sent to CDPHE.
6) Other Considerations:
~ Sentinel zones should contain areas that are suitable for Culex mosquitoes to breed
and are in close proximity to human populations.
~ Sentinel zone traps should not be located in an area with regular, heavy spraying
operations for adult mosquito or other arthropod control (orchards or agriculture
areas). Areas with ongoing larviciding are OK.
~ Traps within a zone should have an availability of mosquito resting sites and
protection from wind (i.e. culverts, fences, shrubbery, trees, sheds, etc) and should
be placed away from competing sources of light and carbon dioxide (e.g., a
stockyard).
~ Traps should be placed on the leeward side of obstacles if possible. For example, if
the pre\ailing wind is generally from the weSt just after dusk, try to place tile trap
on the east side oftrees, sheds, etc.
Exhibit B
JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT
STATEMENT OF COh..:<iliENTIALITY
Clients of JCDHE have the right to protection of their personal and confidential information.
This protection is required of all staff, business associates, independent contractors, students,
volunteers, and any other individuals that access paper and electronic records. State statutes and
Federal regulations require this protection by the department and individuals.
Appropriate and proper uses and disclosures of protected health information are described in the
department's Policy S and the Notice ofPrivacv Practices. Every individual in the department
that has access to protected health information is responsible for the proper use and disclosure of
this information. (See the Health Insurance Portability and Accountability Act of 1996, 42
D.S.C., regulations at 4S C.F. R. Parts 160 and 164.)
Specific state statutes and Federal laws govern the use and disclosure of information about
clients enrolled in our alcohol and substance abuse programs. (See 42 D.S.C. 290dd-3 & 42
D.S.C. 290ee-3 and 42 CFR Part 2 for law and regulations.) Violation of these laws and
regulations is a crime and will be reported.
I understand that violation of the department's privacy practices and policies is punishable by
the county disciplinary policy and various state and Federal laws. I will not use or disclose any
protected health information in violation of these policies, laws and regulations. I have received
a copy of the department's Privacy Policy and the Notice of Privacy Practices.
bJ~~
Staff / Busines& Associate / Independe ontractor / Student / V oluuteer Signature
Ec/F
Print Name
L/- -30-07
Date
e-r~; t GJ/ht-onJ'YJlyrkJ}::t11 c.
lCDHE 04/03, 10/03
'I'm/HIP AAlExhibils A - C/Ex, C - Statement of Confidentiality, doc
DATE (MPNDD/YYYY)
03/29/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF ",FORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, ~ n:,.,,, OR
AL TEA THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I INSURERS AFFORDING COVERAGE - NAlC #
"NSURERk Hartford Casualty Insurance Co :9424
IINSURERS: Pinnacol Assurance Co
I INSURER C:
, INSURER 0:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWIT
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUI
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION!
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
m'm~ TYPE OF INSURANCE POUCYNUMBER ~f~E
GENERALUABlUTY 34SBAPC7671 06/23/2006
X COMMERClALGENERALUABIUTY
= ::J CLAlMSMAOE m OCCUR
ACORD
CERTIFICATE OF LIABILITY INSURANCE
PROD~ (303)740-9404
Gaspar-Jones & Assoc., Inc.
7100 E. Belleview #101
P.O. Box 4516
Greenwood Village, CO 80155
INSURED UITERTAIL ENVIRONMENTAL
1045 N FORO ST
GOLDEN, CO 80403
FAX (303)779-8376
A
"R~~~NI UMITS
06/23/2007 EACH OCCURRENCE .
~DAMAGETORENTED $
"O"''''IO'C:IO'~~\
MEDEXP(ArrJ one person) $
I PERSONAL & M:N INJURY $
I GENERAL AGGREGATE $
I PROOUCTS-COMPIOPAGG 1$
I I
06/23/20071 COMBINEO SINGLE UMIT I
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BODILY INJURY
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(perpelSOl1)
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WORKERS COMPENSA110N AND
EMPLOYERS' UABlUTY
B ~,~WJir&'ift:cl~~cunVE
~~~OVlU:-ONSbeIoN
OTHER
4072127 07/01/2006
DESCRIPTION OF OP~110NSII-0CA110NS'-VEHiCLES IEXCLUSIONSADDED BY ENDORSEMENTI SPECIAL P~ONS
[he cities ot Arvada, Golden, Littleton, Lakewood and Wheat Ridge are held harmless
insured contract.
· 10 day notice on non-payment
as per the
CF;RTlFlCATJ: !-Inr nl=~
I
I
I
2.000"00~
300.0001
10.00~'
2"000"00~
4.000.000
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1.000.00~
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CANCF-II Al1n~
SHOULDANYOFTHEABOVE DESCRIBeD POUClES BE CANCELLED BEFORE THE
EXPIRA110N DATE THEREOF, THE ISSUING INSURERWlLL ENDEAVOR TO MAIL
30* DAYS WRITTEN NOnCE TO THECER11RCATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH N011CE SHAll IMPOSE NO OBUGATION OR UABl.UTY
OF ANY KIND UPON THE INSURER, ITS AGENTS ORREPRESENTATlVES.
I AUTHORlZEDREPRESENTA11VE
Maureen Noreiko
Jefferson County Dept of Health & Environment
Attn: Jenni Springer
1801 19th Street
Golden, CO 80401
ACORD 25 (2001/08) FAX: (303)271-5702
@ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy{ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s).
If SUBROGATION IS WAIVED, subject to the tenns and conditions ofthe policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement{s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer{s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
RESOLUTION NO. 16
SERIES OF 2007
TITLE:
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE JEFFERSON COUNTY
DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF
WHEAT RIDGE FOR COOPERATIVE MOSQUITO MANAGEMENT
PROGRAM IN THE AMOUNT OF $6,602.50
WHEREAS, the intergovernmental agreements between political subdivisions of the
State of Colorado are authorized by C.R.S. ~ 29-1-205; and
WHEREAS, Jefferson County will permit and encourage governments to make the most
efficient and effective use of their powers and responsibilities by cooperating and contracting
with other governments; and
WHEREAS, in order to effectively deal with the continuing threat of mosquito borne
transmission of West Nile Virus, the Jefferson County Department of Health and Environment
has contracted with OtterTail Environmental for integrated mosquito management (IMM) service
within Jefferson County, Colorado, during the year 2006; and
WHEREAS, the agreement with the Jefferson County Department of Health and
Environment will help slow the spread and impact of the West Nile Virus; and
WHEREAS, initial cost for prevention services will not exceed $6,602.50
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE THAT:
1. The City of Wheat Ridge desires to be a party to the Intergovernmental Agreement
coordinating mosquito control activities.
2. The Mayor and City Clerk are hereby authorized and empowered to execute the
Intergovernmental Agreement on behalf of the City of Wheat Ridge.
DONE AND RESOLVED at a meeting of the City Council of the City of Wheat Ridge,
Colorado on the day of .2007.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
A I I ACHMENT 2
ITEM NO: -, ,.13 I
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE:
June 11,2007
TITLE:
RESOLUTION 18-2007 - A RESOLUTION AMENDING THE
FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $22,716 FOR THE
IMPLEMENTATION OF THE ADMINISTRATIVE MODEL
PROCESS FOR NillSANCE ORDINANCE VIOLATIONS
o PUBLIC HEARING
o BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
~
No
~Nu.*= <:RJc::uf'q
Jimbfi0ACiing ChiVfPolice Randyyo~, CityM~ger
EXECUTIVE SUMMARY:
The Administrative Model Process for Nuisance Ordinance Violations moves the process from its
current criminal, due process model, to an administrative model. The proposed administrative model
makes the process more efficient by establishing appropriate and specific timelines for a property
owner to come into compliance. It establishes specific penalties for first, second and third offenses
and allows for a timely hearing process before an Administrative Hearing Officer. It includes a
property abatement process, if necessary, and finally, this process allows for a criminal nuisance
enforcement process, if required, The process of changing to an administrative model will enable the
City to be more responsive to community concerns regarding code enforcement issues. This process
should minimize the time and effort spent by City employees in achieving compliance from property
owners, and provide for a more timely resolution of violations.
The Administrative Model Process was discussed by City Council during the February 5, 2007 Study
Session. A copy of the memorandum presented at the February Study Session which outlines the
process and implementation costs is included as Attachment #1. City Council adopted the Ordinance
implementing the Administrative Model Process at the May 14, 2007 City Council meeting. The
process is scheduled to go into effect June 15, 2007. Supplemental budget funding is requested for the
implementation of this process.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
In order to initiate the Administrative Model Process, it is necessary to consider this supplemental
budget resolution to defray the additional costs of the program. These costs represent additional hours
of personnel labor to existing positions in the Finance Division and in the Municipal Court, but do not
require the additional hiring of any employees. There is also a one-time software purchase with
subsequent software maintenance in future years.
Revenue estimates from the collection of fines are also presented in the Financial Impact section.
~TERNATIVES CONSIDERED:
I. Do not approve the additional funding for the Administrative Model Process. This alternative is
not recommended for reasons outlined in the statement of issues.
2. Approve the additional funding for the Administrative Model Process. City staff recommends this
alternative as the preferred alternative.
3. Seek other methods of funding the process.
FINANCIAL IMPACT:
The financial impact to the City will be in added costs to the Municipal Court and Finance Division.
No additional personnel will be required for the operation of the Administrative Model Process,
however; additional labor hours will be added to existing positions. There is also a one- time software
purchase. For this supplemental budget request, staff is requesting additional funding for the
remainder ofthe year 2007 only. That cost is estimated to be $22,716.
· Finance/Administrative Services
)>> Personnel
)>> Software
. Municipal Courts
)>> Personnel
)>> Materials
)>> AHO (Estimate $65 per hr. x 255 hrs.)
$ 8,500
$ 2,900
$ 2,940
$ 88
$ 8,288
. TOTAL COSTS JUNE-DECEMBER 2007
$22,716
Cities that have moved to the proposed administrative hearing model report a 70% compliance rate by
property owners advised of code violations. Based on past cases, the estimated revenue is projected as
follows:
. Estimated Revenue -
)>> 2006 -1,080 Code Enforcement Cases
)>> 4,019 re-contacts
)>> 70% Compliance Rate
~ Anticipate 324 citations issued
~ 324 (citations) X $150 (fIrst offense fIne) = $48,600 (full year estimate)
~ Estimated Revenue JUNE-DECEMBER 2007 = $24,300
City StaffwilI review the actual costs and revenue on a month-to-month basis to determine more
precise figures for the Administrative Model Process in 2008 and subsequent years.
RECOMMENDED MOTION:
"1 move to adopt Resolution 18-2007 - A Resolution Amending the Fiscal Year 2007 General Fund
Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$22,716 for
the implementation of the Administrative Model Process for nuisance ordinance violations."
or,
"1 move to table indefInitely Resolution 18-2007 - A Resolution Amending the Fiscal Year 2007
General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount
of $22,716 for the implementation of the Administrative Model Process for nuisance ordinance
violations forthefollowingreason(s) "
Report Prepared by:
Reviewed by:
Commander Jim Lorentz
Chief Dan Brennan
Patrick Goff, Deputy City Manager
Attachments:
I. Staff Report to City Council, dated January 31, 2007
2. Revised Chapter 14 ordinances
3. Resolution 18-2007
WHEATRIDGE POLICE DEPARTMENT
MEMORANDUM
TO:
VIA:
Mayor Jerry DiTullio and City Council
Daniel Brennan, Chief of Police
Randy Young, City Manager
FROM:
Wade Hammond, Commander
Support Services Bureau
Rollie Inskeep, Supervisor
Community Services Unit
DATE:
January 31, 2007
SUBJECT: Administrative Enforcement Process for Code Ordinance
Violations
EXECUTIVE SUMMARY:
Historically, the enforcement of code ordinances in the City of Wheat Ridge has
been an arduous process, oftentimes with conflicting direction being given to the
staff tasked with this function in the past. In 2000, City Council moved the code
enforcement function from Community Development to the Police Department's
Animal and Parks Enforcement Unit without any additional personnel being
assigned to this unit. City Council's recent direction and policy pertaining to the
enforcement of code ordinances has been consistent and clear.
It has been apparent to members of the department that our current method of
enforcing City code violations has not accomplished the results desired for a
variety of reasons. Last year staff began exploring different alternatives to
developing a more efficient and effective code enforcement process. With City
Councils approval an alternative method of handling code ordinance violations
has been researched.
The Administrative Enforcement Process for code ordinance violations moves
the process from a criminal, due process model to an administrative model. The
proposed administrative model makes the process more efficient; establishes
appropriate and specific timelines for a property owner to come into compliance;
establishes specific penalties for first, second and third offenses; allows for a
timely hearing process before an Administrative Hearing Officer if desired; and
ATTACHMENT 1
includes a property abatement process if necessary. Lastly, this process does
allow for a criminal code enforcement process if necessary.
STATEMENT OF THE ISSUES:
The main issues facing City employees responsible for the enforcement of code
ordinances are: time and manpower losses in an attempt to obtain voluntary
compliance from property owners; workload demands from animal control and
parks functions; the extended time it takes for a code violation to move through
the court system; repeat offenders; absentee landlords; and the lengthy time it
takes to recover abatement costs from property liens. The process of changing to
an administrative enforcement model will enable the City to be more responsive
to community concerns regarding code enforcement issues. This process should
minimize the time and effort spent by City employees in achieving compliance
from property owners.
Staff has researched similar administrative hearing processes from Denver,
Aurora, Ft. Collins and Craig, CO. Additionally, staff has worked with the City
Attorney's Office, the City Municipal Courts, Information Technology Division and
the Finance Division on developing an administrative enforcement model that will
work for our community.
Conceptually the proposed Administrative Hearing process will be structured as
follows:
~ Violation is reported from citizen complainant or officer initiated;
~ A warning notice is issued by a Community Services Officer (CSO) to the
property owner/renter giving them ten (10) days to bring the property into
compliance;
~ CSO will photograph the violations;
~ After ten (10) days the CSO will recheck the property and if it is not in
compliance issue an administrative summons to the violator which has a
fine attached;
~ Violator has ten (10) days to come into compliance;
~ Primary CSO rechecks the property for compliance and if not corrected
the property would be abated using the existing process;
~ The responsible party is sent a bill which includes the cost of the
abatement, cost of time involved for the city employees, and the fine;
~ The responsible party has thirty (30) days to pay the bill or the property
will have a property tax lien placed against it;
~ City staff recommends the following fine schedule: $150 for the first
violation, $250 for the second violation, and $500 for the third violation.
After three violations the owner could be charged criminally:
~ The violator may contest the charge and request a hearing within five (5)
days after the issuance of the citation; and
~ An administrative hearing will be held before an administrative hearing
officer no later than fourteen (14) days from the initial summons being
issued.
Prior to this system going into effect, a strong educational component is
recommended. City staff recommends a thorough educational campaign that
includes utilizing the media, the Wheat Ridge Connection, Channel 8 cable, and
presenting the program at public meetings. Additionally, staff recommends a
presi;lntation to WR2020. Other jurisdictions have seen a significant increase in
compliance with this system and City staff feels that this educational component
is vital to the success of this recommended program.
FINANCIAL IMPACT;
The current model used by the City for nuisance abatement taxes the available
personnel resources we have. City staff believes that re-visits or compliance
checks will be reduced with this new model.
The department has met with representatives from the Municipal Courts, City
Information Technology and the Finance Division to discuss workload and
financial costs. Cities that have moved to this model report a 70% compliance
rate by property owners advised of code violations. In 2006, the Community
Services Unit handled approximately 2196 reported code ordinance violations.
Seventy percent of 2196 is 1537, resulting in 659 anticipated administrative
citations being issued based on 2006 data. Based on these estimates the Police
Department anticipates adding to the workload of the Municipal courts and the
Finance Division. Based on these projections the following costs are estimated:
The Finance/Administrative Service Division oroiects:
Personnel costs --
(Yo additional position for data entry and billing)
Computer Software --
(Utility billing software)
$17,000
$ 10,000
Courts Proiects:
Personnel costs --
(362 additional staff hours)
$ 6,814
Materials --
(File jackets and labels)
$ 224
Hearing officer --
(330 hours/yr @ $65/hour)
$21,450
Total Proaram Costs =
$55.488
$98,850
Anticioated Revenue=
659 administrative summonses X $150 (first offense)
Staff anticipates an impact to the budget for abating properties as well. In 2006,
approximately $18,447 was spent for property abatement. In 2007, $25,000 has
been budgeted for abatements. Staff recommends evaluating budget abatement
dollars in 2007 and coming forward to City Council with any budget supplemental
in 2007 if needed.
ALTERNATIVES CONSIDERED:
1. Maintain the current code enforcement model.
2. Continue to seek other methods of code ordinance enforcement including
staffing increases in the Community Services.
3. Move to the administrative enforcement model of code ordinance
enforcement.
RECOMMENDATION:
The Police Department recommends adopting the administrative enforcement
model. This process is worthwhile and provides for a more effective and efficient
process in handling nuisance related issues in our community. Staff requests that
City Council approve moving forward with implementing an administrative
enforcement process and consider adding additional personnel and operating
resources as described under financial impacts. Staff is not requesting additional
personnel for the Community Services Unit until a more thorough workload
analysis can be conducted if this proposal is adopted. Based on City Council's
recommendations and direction, our staff will work with the City Attorney and
other City Departments to implement this process.
If this recommendation is approved, City staff will begin work on evaluating the
feasibility of moving other code ordinance violations enforced through
Community Development and Public Works to this administrative model.
Attachments: City Council Staff Report dated November 1, 2006
Memorandum from City Attorney dated December 7, 2006
Recommended Code of Law revisions
Code Enforcement flowcharts
Sample copy of code enforcement warning notice
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 04
Ordinance No. 1 ~Il~
Series of 2007
TITLE:
AN ORDINANCE AMENDING CHAPTER 2 OF THE
WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW
ARTICLE V, CONCERNING THE ADMINISTRATIVE
MODEL PROCESS OF CERTAIN CODE OF LAWS
PROVISIONS, AND AMENDING CHAPTER 15 OF THE
WHEAT RIDGE CODE OF LAWS TO PROVIDE THAT A
NOTICE OF VIOLATION ISSUED PURSUANT TO
CHAPTER 2, ARTICLE V, SHALL CONSTITUTE A NOTICE
TO ABATE A NUISANCE
WHEREAS, the City CounCil finds that the violaUon of certain provisions of
the City's Code of Laws (the "Code") affects the livability of the City's
neighborhoods and that residential, commercial and industrial
neighborhoods in the City each experience problems with such violations;
and
WHEREAS, the City Council wishes to encourage compliance with
ordinances that affect the quality of life in the City by requiring those who
violate said ordinances to bear the cost of enforcement; and
WHEREAS, the City Council finds that increased enforcement of these
ordinances would benefit the residents and businesses of the City;.and
WHEREAS, the City Council finds that there IS a need for an alternative
method of enforcement for certain specified violations of the Code; and
WHEREAS, the City Council further finds that an appropriate method of
enforcement for such violations is an administrative citation program which
imposes administrative penalties for certain violations of the Code; and
WHEREAS, the City Council further finds that certain amendments should
be made to the Code to accommodate the addition of the administrative
citation program; and
WHEREAS, the City Counc~ wishes to amend Chapter 2 of the Code to
include a new Article V to (illow for the administrative enforcement of the
Code and to amend Section 15-8 of the Code to provide that a notice of
violation served pursuant to the administrative enforcement article shall
constitute service of a notice to abate;
1
ATTACHMENT 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 2 of the Code, entitled "Administration," is hereby amended
by adding a new Article V, Administrative Enforcement, as follows:
ARTICLE V. ADMINISTRATIVE ENFORCEMENT
Sec. 2-80. Purpose; scope
The purpose of this Article is to encourage prompt compliance with this Code and
prompt payment of penalties for violations thereof. This Article provides for
administrative penalties that may be imposed for violation of the following
portions of this Code: Chapter 5, Buildings and Building Regulations; Chapter 13,
Motor Vehicles and Traffic; Chapter 15, Nuisances; Chapter 26, Zoning.
Sec. 2-81. Definitions.
For the purposes of this Article the following terms shall have the meanings
assigned to them below.
A. "Administrative Hearing Officer" or "AHO" means the person with exclusive
authority to hear appeals from, administrative citations issued under this
Ordinance.
B. "Applicable sections" means those sections in the Code of Laws contained
within the Chapters listed in Section 2-80.
C. "Code officer" shall mean the City Manager or the City Manager's
designee, including but not limited to a community service officer, the building
official, the property inspector or any other city official or employee charged with
enforcing the provisions of this Article.
D. "Manager" shall mean the City Manager or the City Manager's designee.
E. "Municipal Court" means the Municipal Court for the City of Wheat Ridge,
Colorado.
F. "Responsible party" shall mean a person or entity who has violated this
Code or, in the case of property subject to an administrative citation under this
Article, who has possession or control of any real property or premises, whether
as owner, occupant or tenant, or in the case of a motor vehicle, as owner or
operator of the same.
Sec. 2-82. Authority.
2
(a) Any Responsible Party violating applicable sections may be issued an
administrative citation by a code officer as provided in this Article.
(b) Notwithstanding any other provision of this Code, responsible parties cited
under the provisions of this Article shall have only the appeal rights granted
herein.
(c) Administrative citations shall be issued only after the responsible party has
received a notice of violation and has been given time to comply as stated in the
notice of violation.
(d) Each day a violation exists or continues shall constitute a separate and
distinct violation for which a separate administrative citation may be issued.
However, once an administrative citation has been issued for a violation of an
applicable section, no additional administrative citation shall be issued for the
same violation for ten days or, if the responsible party appeals, until after the
appeal has been heard and the responsible party has not complied with an order
of the Administrative Hearing Officer within ten (10) days of its issuance or such
other time as the AHO has specified.
(e) A fine assessed by means of an administrative citation issued by
the code officer shall be payable directly to the Office of the City Treasurer, and if
not timely paid, shall be collected in accordance with the procedures specified in
this Article.
(f) Enforcement actions for violations of applicable sections are intended to
be alternative in nature. At anyone time, the City may pursue a civil, criminal, or
administrative action against a responsible party. The City may also choose to
pursue an alternative action upon staying the original action.
Sec. 2-83. Notice of violation.
(a) Upon becoming aware of a violation of an applicable section, a code
officer may issue a notice of violation to the responsible party. The notice shall
state the date and location of the violation, the approximate time the violation
was observed, identifying, where applicable, the property in violation by address
or legal description. The notice shall refer to the applicable section violated,
describe the violation, and describe the action required to correct the violation.
The notice shall require the responsible party to correct the violation within ten
(10) days, and shall explain the consequences of failure to correct said violation,
including the issuance of an administrative citation.
(b) Service of a notice of a violation on the responsible party shall be by any
of the following means:
3
1. If the responsible party resides at the site of the violation, the code
officer may personally deliver a copy of the notice of violation to the responsible
party at that site; or
2. A copy of the notice may be mailed by first class mail to the last
known address of the responsible party as reflected in the county real estate
records; or
3. A copy of the notice of violation may be posted in a conspicuous
place on the unoccupied premises.
Sec. 2-84. Administrative citation.
(a) If the responsible party has failed to correct the violation noted in the
notice of violation within the time provided on such notice, a code officer may
issue an administrative citation to the responsible party on a form approved by
the City Manager
(b) The code officer may require that the responsible party provide evidence
of identity and residential or working address.
(c) The code officer shall attempt to issue the administrative citation to the
responsible party at the site of any violation. The code officer may issue the
administrative citation to the responsible party by the methods described in
Section 2-83, subsection (b), above.
(d) The code officer shall attempt to obtain the signature of the person
receiving the administrative citation on the citation. If that person refuses or fails
to sign the administrative citation, the failure or refusal to sign shall not affect the
validity of the citation and subsequent proceedings.
(e) Notice shall be deemed served on the earliest of: (i) the date of receipt by
the responsible party, if personally served; (ii) the fourth day after the mailing of
the administrative citation; or (iii) t~e date the administrative citation was posted.
Sec. 2-85. Contents of administrative citation.
(a) The administrative citation shall state the location of the violations and the
date and approximate time the violations were observed. Where applicable, the
administrative citation shall identify the property in violation by address or legal
description.
(b) The administrative citation shall refer to the applicable sections violated
and describe the violations.
(c) The administrative citation shall describe the action required to correct the
violations.
4
(d) The administrative citation shall require the responsible party to correct
the violations immediately and shall explain the consequences of failure to
correct said violations.
(e) The administrative citation shall state the amount of fine imposed for the
violations.
(f) The administrative citation shall explain how the fine shall be paid, the
time period by which it shall be paid, and the consequences of failure to pay the
fine.
(g) The administrative citation shall briefly state the process for appealing the
administrative citation.
(h) The administrative citation shall contain the signature of the code officer
and the signature of the responsible party if it can be obtained.
Sec. 2-86. Appeal of administrative citation.
(a) A person served with an administrative citation may file a notice of appeal
within five (5) calendar days from the service of the administrative citation.
Compliance with this time limit shall be a jurisdictional prerequisite to any appeal
brought under this Article, and failure to comply shall bar any such appeal.
(b) The notice of appeal shall be made in writing and shall be filed with the
Municipal Court in person, by facsimile transmission or by mail. Regardless of
the manner of filing such appeal, the notice of appeal must be filed with the
Municipal Court within five (5) calendar days from the date the administrative
citation was served.
(c) As soon as practicable after receiving the written notice of appeal, the
Municipal Court shall assign an AHO who shall schedule a date, time and
location for the hearing.
(d) Written notice of the date, time and location of the hearing shall be
personally served upon or sent by first class mail to the responsible party at least
five (5) calendar days prior to the date of the hearing. The hearing shall be held
no more than fourteen (14) days after the date upon which the administrative
citation was issued.
(e) In computing the day a notice of appeal must be filed or the day by which
a hearing must be held, the first day is excluded and the last day is included. If
the last day of any period is a Saturday, Sunday, or legal holiday, the period is
extended to the first day thereafter which is not a Saturday, Sunday, or legal
holiday.
5
Sec. 2-87. Administrative hearing officers.
(a) The Administrative Hearing Officer must be an attorney licensed to
practice law in the State of Colorado with a minimum of three years of
experience.
(b) Any person designated to serve as an AHO is subject to disqualification
for bias, prejudice, interest, or for any other reason for which a judge may be
disqualified in a court of law. '
Sec. 2-88. Administrative appeals.
(a) Administrative appeals are intended to be informal in nature. Formal rules
of evidence and discovery do not apply. The procedure and format of the
administrative hearing shall follow the procedures provided in this Section.
(b) The parties to an administrative appeal shall be the responsible party and
the Wheat Ridge Police Department. Parties may be represented by legal
counsel. Each parties may call and question witnesses, cross-examine witnesses
and present evidence in support of its case.
(c) The AHO, at the request of any party to the hearing, may subpoena
witnesses, documents and other evidence where the attendance of the witness
or the admission of evidence is deemed necessary to decide the issues at the
hearing. All costs related to the subpoena, including witness and mileage fees,
shall be borne by the party requesting the subpoena. The form of, and the
process for issuing, subpoenas shall be the same as in the Municipal Court.
(d) The AHO shall have the power to call and question witnesses, review and
consider the relevancy of documentary or other tangible evidence, and rule on
evidentiary questions.
(e) The only issue to be decided by the AHO is whether the code officer
exceeded his/her authority in issuing the administrative citation. The City bears
the burden of proof to establish the existence of a violation of the Code. In the
case of a nuisance abatement hearing, the City bears the burden of proof to
establish the existence of a public nuisance. The City's meeting of this burden of
proof shall constitute prima facie evidence that the code officer did not exceed
his/her authority. The appellant shall have the burden of rebutting such
evidence.
(f) The standard of proof required in an administrative appeal is a
preponderance of the evidence.
6
(g) Copies, photographs, and photocopies may be admitted into evidence or
substituted in evidence in place of original documents.
(h) Hearings shall be recorded by electronic means and transcripts of such
recordings shall be made at the expense of the party requesting the transcript.
(i) Whenever it appears that a petition is not filed within the time permitted by
the particular law or ordinance involved, .or that the AHO for some other reason
lacks jurisdiction, the case may be dismissed on the motion of any party or on the
AHO's own motion.
(j) The decisi.on of the AHO shall be kn.own as an administrative enforcement
order.
(k) The AHO may uphold the administrative citation and all penalties or
dismiss the administrative citation and all penalties or may waive or conditi.onally
reduce the penalties assessed by the administrative citation. The AHO may also
impose conditions and deadlines to correct the violations or require payment of
any outstanding penalties.
(I) In the event that the AHO d.oes n.ot dismiss the administrative citation, the
AHO shall assess reasonable administrative costs of n.ot less than .one hundred
dollars ($100), but not to exceed two hundred dollars ($200).
(m)The administrative enforcement order shall become final .on the date of
mailing the order t.o the responsible party. A copy of the order shall be provided
to the City.
Sec. 2-89. Failure to .obey subpoena.
It is unlawful for any person to refuse to obey a subpoena issued by an AHO.
Failure to obey a subpoena constitutes contempt and may be criminally
prosecuted and have penalties imposed in the same manner as violation of a
Municipal Court subpoena.
Sec. 2-90. Failure to attend administrative appeal.
Any responsible party who fails to appear at the hearing is deemed to waive the
right to a hearing and the adjudicati.on of the issues related to the hearing,
provided that pr.oper notice of the hearing has been provided.
Sec. 2-91. Failure to comply with administrative enforcement order
It is unlawful for a resp.onsible party who has been served with a copy of the final
administrative enforcement .order, to fail to c.omply with the order. Failure t.o
comply with a final administrative enforcement order may be criminally
7
prosecuted and have penalties imposed similar to those for failure to comply with
an order of the Municipal Court.
Sec. 2-92. Penalties assessed.
(a) The Manager shall develop guidelines for fines based upon the
Manager's assessment of the cost to the City for enforcing the provisions of this
Article. Such guidelines shall be approved by the City Council. Thereafter, the
Manager shall publish a schedule of fines for administrative citations. The
schedule of fines shall be graduated in amount, with the smallest fine being
assessed for the first administrative citation and increasingly larger fines for
second, third and subsequent administrative citations. No single fine assessed
for an administrative citation shall exceed $1,000. The schedule of fines shall be
amended no more than once per year.
(b) If the responsible party fails to correct the violation, subsequent
administrative citations may be issued for violations of the same applicable
section. The fine assessed for each administrative citation issued for violations of
the same applicable section(s) shall not exceed the amount set in the Manager's
schedule of fines regardless of the number of violations per citation.
(c) Payment of the fine shall not excuse the failure to correct the violations
nor shall it bar further enforcement action by the City.
(d) All fines assessed shall be payable to the City of Wheat Ridge.
Sec. 2-93. Failure to pay fines
(a) The failure of any responsible party to pay the fines assessed by an
administrative citation within the time specified on the citation or administrative
enforcement order, if an administrative hearing was held, may result in the
imposition of a late fee of fifty dollars ($50.00), a twenty percent (20%) charge to
defray the cost of collection, and interest at a rate of ten percent (10%) per
annum on all unpaid amounts. '
(b) In the event of failure to pay all fines assessed, the Manager may refer
the matter for collection by whatever means are available to the City.
(c) In the case of delinquent charges, assessments or taxes, including fines
and the costs of nuisance abatement, the Manager shall, pursuant to C.R.S. S
31-20-105, certify the same to the treasurer of the county to be collected and
paid over by the treasurer of the county in the same manner as taxes are
collected.
8
(d) An action or other process provided by law may be maintained by the City
to recover or collect any amounts, including late fees, interests, and
administrative costs, owing under this article.
Section 2. Section 15-8. Abatement, subsection (a) is hereby amended as
follows:
a) Notice to abate. Any authorized city officer, upon the discovery of any
nuisance on public or private property in the city, may, in the exercise of his
discretion, notify the responsible party in writing, requiring the responsible party
to remove and abate from the property the thing or things therein described as a
nuisance. SERVICE OF A NOTICE OF VIOLATION BY A CODE OFFICER
PURSUANT TO SECTION 2-83 OF THIS CODE SHALL BE CONSIDERED
SERVICE OF A NOTICE TO ABATE AND THE CITY MAY BEGIN THE
ABATEMENT PROCESS WITH THE APPLICATION FOR ABATEMENT
ORDER. For any nuisance which does not threaten eminent danger of damage
or injury, and for which a discretionary notice to abate has been issued, the
reasonable time for abatement shall not exceed seven (7) days unless it appears
from the facts and circumstances that compliance could not reasonably be made
within seven (7) days or that a good faith attempt at compliance is being made.
Section 3. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of
the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare
of the public and that this Ordinance is necessary for the preservation of health
and safety and for the protection of public convenience and welfare. The City
Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 4. Effective Date. This Ordinance shall take effect On June 15, 2007, as
permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 on this 23rd day of Avril , 2007
ordered published in full in a newspaper of general circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage set for
Mav 14 , 2007, at 7:00 o'clock p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED
reading by a vote of R to 0 , this
Mav , 2007.
on second and final
14th day of
9
SIGNED b
2007 Y the Mayor on this
ATTEST:
fidJ~
~clme1' S"
, u.n.,'
, ,,', City Clerk
First Publicatio .
Second P b' n. April 26
Wh u hcation' May 17 ,2007
eat Rid e . . 2007
Effective D~te:ranscriPt
. June 15. 2007
15th d
JdH~
~t::PlTullio, Mayor .'
10
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION 18
Series of 2007
A RESOLUTION AMENDING THE FISCAL YEAR 2007
GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $22,716 FOR THE IMPLEMENTATION OF THE
ADMINISTRATIVE MODEL PROCESS FOR NUISANCE
ORDINANCE VIOLATIONS
WHEREAS, the City Council finds that the violation of certain provisions of the City's Code of
Laws (the "Code") affects the livability of the City's neighborhoods and that residential,
commercial and industrial neighborhoods in the City each experience problems with such
violations; and
WHEREAS, the City Council wishes to encourage compliance with ordinances that affect the
quality of life in the City by requiring those who violate said ordinances to bear the cost of
enforcement; and
WHEREAS, the City Council finds that increased enforcement of these ordinances would
benefit the residents and businesses of the City; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the
City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Wheat Ridge,
Colorado, as follows:
A. The City Council authorizes the transfer of$22,716 from the General Fund
undesignated reserves to the following account( s) and amending the 2007 fiscal
year budget accordingly.
· Finance Personnel (01-103-600-602) $ 8,500
· Information Technology Software (01 -117-700-755) $ 2,900
· Municipal Court Personnel (01-109-600-602) $ 2,940
· Materials (01-109-650-651) $ 88
· Administrative Hearing Officer (01-109-600-619) $ 8,288
TOTAL $22,716
DONE AND RESOLVED THIS
day of
2007.
Jerry DiTullio, Mayor
ATTEST:
Michael D. Snow, City Clerk
ATTACHMENT 3
A~' we"" "/
~ 0
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u ~~",-...!' 1 f<1
CbLoR/l.Q9
ITEM NO:
Le.
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE:
June 11, 2007
TITLE:
APPROVAL OF ARCtll 1 ECTURAL AND SITE DESIGN MANUAL
o PUBLIC HEARING
C8J BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
o
No
~1liiL
City~a ~
Community Development Director
]:XECUTIVE SUMMARY:
The Streets cape and Architectural Manual was adopted in 2001. The purpose of the current Manual is
to regulate streetscape improvements in the right-of-way and building architecture. Since the adoption
of the Manual, Staff has found it increasingly difficult to implement certain sections, particularly the
streets cape component. While the current Manual addresses architectural requirements, it ignores site
layout and development. Additionally, there are sections in the Manual which are conflicting.
Staff is proposing an update to the Manual. The new document would be named the Architectural and
Site Design Manual. The streetscape elements would be removed. The new Manual would apply to all
multi-family (3 or more units), commercial and industrial developments and redevelopments in excess
of a 50% increase in building footprint. Overlay areas have been included which establish building
placement in relation to the street frontage. Design principles and standards have been created which
will give developers and staff an expectation for site and building design. The revised Manual is the
companion piece to the recently adopted Chapter 26 changes.
Adoption of the revised Manual implements several of Council 's strategic plan goals. Clearly defined
standards and guidelines and standards for infill development implement the goal of preparing for
growth and opportunities. Design standards for multi-family development will help implement the
goal of providing better quality housing stock. The goal of redeveloping major corridors is partly
implemented by including requirements for pedestrian connections and pedestrian-scale development,
making development more people oriented. This goal is also implemented by applying the standards
to all commercial and industrial zone districts which are located along the City's major corridors.
COMMISSION/BOARD RECOMMENDATION:
Input was solicited from the Planning Commission on April 19,2007 and May 17, 2007. The
Commission did not have any suggested changes or additions.
STATEMENT OF THE ISSUES:
The revised Manual incorporates many of the ideas and regulations in the previous Manual, although
there are many new requirements for site design that were not addressed in the previous Manual. The
revised Manual eliminates many of the conflicting and confusing requirements and much of the
redundancy of the previous Manual.
Staff has met with the development community on several occasions to discuss the revised Manual,
with positive response and several design professionals assisted in reviewing the document. Changes
were made based on that review. Techniques and regulations of various other cities were researched
and many included in the Manual have been implemented regionally and nationally.
In several instances the new Manual provides developers choices for compliance in an effort to
provide flexibility without dictating design.
ALTERNATIVES CONSIDERED:
Do not adopt the revised Manual; use the existing Manual.
FINANCIAL IMPACT:
There is no direct financial impact to the City as a result of adopting this Manual.
RECOMMENDED MOTION:
"I move to adopt the Architectural and Site Design Manual."
Report Prepared by: Alan White
Reviewed by:
Attachments:
1. Architectural and Site Design Manual
City of Wheat Ridge
ARCHITECTURAL & SITE DESIGN MANuAL
Revised May 2007
Acknowledgements
Under the anthority granted by Section26-222.E of the Wheat Ridge Code of Laws the Architectural and
Site Design Manual (ASDM), originally adopted on 26 February 200 I is amended jointly by the Director of
Community Development and Pnblic Works Director.
ATTACHMENT 1
Wheat Ridge Architectural and Site Design Manual
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Wheat Ridge Architectural and Site Design Manual
2
1. INTRODUCTION
The Architectural and Site Design Manual (ASDM) for the City of Wheat Ridge covers a variety of
elements that will establish a clear blueprint for site development and architectural standards for
connnerciaI, industrial and multi-family structures. The Manual contains goals, principles and examples
which will provide consistent yet flexible design guidelines for the City of Wheat Ridge.
A. Background: The Historical Context of Wheat Ridge's Character
Wheat Ridge had its origins in the silver and gold rush days of Colorado in the late 1800's. Miners traveled
back and forth between Golden, Blackhawk and Central City through what is now the City of Wheat Ridge,
to Denver. Eventually, farmers settled Wheat Ridge and the routes between Denver and points west became
established as the main thoroughfares we know
today. Wheat Ridge t..~,.. an incorporated City in
1969.
- -'
ig, 1: The Wheat Ridge float in a 1914 parade along an
arly Denver streetscave.
, d e;icec haract:r in the cj;ity. On
ional ver urban grid p . The
and the struc older.
Historically, many of the
connnercial corridors were
pleasant, tree-lined country lanes
with smaller scale neighborhood-
oriented retail shops. The
proliferation of automobile travel
as the main mode of
transportation was at odds with
creating pedestrian-friendly and
pedestrian oriented
developments. The suburban
development patteI)l moved
buildings from the street edge
Fig. 2: An aerial view of Wheat Ridge's core commercial areas (Wadsworth Blvd
7nd 3Efh Avenue) showing the predominance of individual buildings surrounded
OV parkin$! lots.
Wheat Ridge ArchitecturaI and Site Design Manual
3
and placed large parking lots between the building and street What were once small-scale buildings with
intimate settings are now disorganized streetscapes dominated by parking lots, over-scaled signs and under-
utilized or non-existent sidewalks.
Wheat Ridge's commercial corridors provide many benefits to the City and surrounding neighborhoods.
These corridors serve as gateways into the City and establish the image of the City. They provide service,
shopping, dining, cultural and entertainment opportunities for
residents of the adjacent neighborhood, the city and the region.
Business activity along these corridors provides a significant tax
base for the City. The corridors can either connect or separate
the residential neighborhoods and add to a sense of community
pride.
B. Purposes of the ASDM
The City's current zoning code is to a large degree focused on
"Greenfield" development - development of open land. The size
of properties and proximity of the commercial corridors to Pig. 3: Wheat Ridge'sftrstpost office, nawpreservedin
residential neighborhoods is not conducive to Greenfield ,the Wheat Ridge Historical Park.
development Today, the major development opportunities in
ommer edevelopment-o' ted, makin
toappl
Following the standards and procedures of this manual will also:
. Bring about greater consistency and predictability in the City's design review process
. Build upon and amplify the rules and regnlations of Chapter 26 Zoning and Development of the
Wheat Ridge Code of Laws
. Implement the directions outlined in the City's Neighborhood Revitalization Strategy
The ASDM is not intended to preclude an individual planner or architect's creativity. This Manual presents
important, bnt general, design concepts. It is intended to address site and architectural design; two aspects
of development which have been largely ignored in the City of Wheat Ridge.
This Manual should be used in concert with Chapter 26 of the Wheat Ridge Code of Laws. This Manual is
not intended to be all inclusive; many aspects of site development have not been addressed. Where the
Manual is silent, the Zoning Code should be consulted. It is intended that the Zoning Code will be amended
to follow a form-based format, and this Manual will continue to provide consistent site and architectural
design gnidance.
There are several subareas within the City which address future development for a particular area of the
City. These subareas are unique in character, and present different development and redevelopment
opportuDities. Subarea plans have been created for these subareaS; plans which act as a blueprint for growth
within the subareas. In addition to these subarea plans, a comprehensive plan also exists which provides
Wheat Ridge Architectural and Site Design Manual
4
guidance for future development City-wide. Subarea plans may suggest or recommend specific desigu
themes or inclusion of an area into one of the overlay districts shown on Figure 35. The requirements of this
Manual may be modified in specific areas of the City through additional overlay zones.
The Manual contains photographs and illustrations which should provide direction and clarity. Where the
text in the Manual and graphics conflict, the text shall control.
c. Overall Goals of the ASDM
I. Encourage creative site and building desigu which in turn creates unique and sustainable places.
2. Major commercial areas and associated streets should be planned and desigued to balance traffic needs
with those of pedestrians and adjacent land uses.
3. Buildings and landscaping should contribute to the physical definition of streets and sidewalks as civic
places.
4. The desigu of buildings should acknowledge that the uses within buildings may change over time, while
the form of the building and its relationship to the street is more enduring. Therefore the placement,
form and desigu of buildings are integral and important aspects of regulating community development.
5. New buildings and streetscape should relate to any positive established character of existing buildings
and streetscape desigu elements.
Enhance edestrion oriented activity by providing a
trian sc to businesses.
8.
Wheat Ridge Architectural and Site Desigu Manual
5
II. APPLICABILITY
A. Review Process
All development within the Architectural Design Overlay Districts other than single-family and two-family
homes shall be subject to the standards contained in the ASDM as well as the underlying zoning for the
property. This Manual shall also apply to "major additions", as defined in Section V, Definitions. In the
instance of a major addition, regnlations will not apply where infeasible. For example, if a major addition
occurs to a building in the traditional area, and the existing building is located 50 feet from the front
property line, the addition need not comply with the build-to area requirement as it would be nearly
impossible. This shall not be construed to mean that noue of the regulations apply for major additions. This
Manual is intended to be used as a supplement to the regnlations listed in Chapter 26 of the Wheat Ridge
Code of Laws (Zoning & Development). Where this Manual and the regulations of the Code of Laws are in
conflict, this Manual takes precedence.
In these standards the words "shall", "is" and "are" indicate required provisions; "should" indicates
recommended provisions (guidelines); and "may" indicates optional provisions. To the extent that an
approved site development application includes additional conditions or specific plan or design details, the
requirements of approved site development application shall be in addition to those set forth in the ASDM.
Terms used throughout the ASOM shall be accorded their commonly accepted meanings or as defined in
Section V, Oefmitions. In the event of conflicts between these definitions and those of the Wheat Ridge
Code, those of the ASOM shall take precedence for projects with the jurisdiction of the ASOM.
1. At the Pre-application Meeting the applicant will be invited to participate in a discussion with the ORC
regarding the applicant's submittal. The ORC will provide assistance to the applicant by helping to
interpret the goals, principles, guidelines and standards in the ASOM. If the ORC determines that
-major adjustments to the Conceptual Design Plan are required, or that additional ORC review is
necessary to provide adequate direction to the applicant, a follow-up Pre-application Meeting may be
required.
2. The ORC will produce a written record of the pre-application meeting and provide such to the
applicant(s) or agent of the applicant(s).
3. Subsequent submittals (e.g. Land Use Applications or Building Permit Applications) shall be consistent
with the advice and direction given at the pre-application meeting.
B. Pre-Application Meeting Submittal Requirements
The following information must be submitted to the DRC prior to the Pre-Application Meeting:
1. General Information
. Project title and location;
. Request (include applicable approvals sought);
. ,Examination of and written response to the Design Prin9iples listed below in Section C;
. Date of submittal to the DRC;
Wheat Ridge Architectural and Site Design Mannal
6
o Contact information for applicant and all consultants.
2. Site Plan
The site plan should contain existing and proposed conditions of the entire development ".~..-.;y, drawn to
scale, showing at minimum the following detail:
o Location of required setbacks for buildings and parking;
o Location of all driveways, parking areas, loading areas and pedestrian walkways;
o Location (footprints) of existing and proposed structures with entrances identified;
o The location and type of any outdoor storage or trash disposal facilities;
o Location and dimensions of all signs including setback dimensions;
o Location, size, and number of parking spaces to be provided, including handicapped spaces.
3. Conceptual Architectural Plans
o Preliminary elevations of any proposed structure(s) or additions to existing structure(s) with
notations as to the types of materials and colors to be used;
. Preliminary elevations of any accessory appurtenances such as dumpster enclosures.
The following design principles shall be incorporated into each new commercial, industrial, mixed use or
multi-family residential building or any l1ll\ior addition to any existing commercial, industrial, mixed use or
multi-family building. Upon submittal for pre-application meetings, land use applications or building
permits, the applicant shall, in writing, respond to each one of these design principles and explain how each
principle is being met. The Design Review Committee shall determine compliance with the design
principles.
These design principles are broad goals to be achieved with development or redevelopment. The language
relating to these design principles is somewhat nebulous. For example, commercial/industrial design
principle number 2 states that "building design shall contain significant interest". The term "significant" is
not quantifiable. The design standards listed in section III strive to further define each design principle,
complete with diagrams and examples. By following the design standards in section III, the design
principles will be achieved.
Compliance with these design principles must be achieved to gain DRC approval of the site and building
design. It should be noted that in most land use cases, the DRC is not the decision making body that
approves an application. This Manual contains design standards which must be incorporated into the site
and building design. Except where otherwise noted, these standards are mandatory. Graphic examples can
be found in Section III of this Manual.
Wheat Ridge Architectural and Site Design Manual
7
CommerciallIndustrial Desilrn Princioles
1. Create a pedestrian travel system similar to a roadway network into, across and through the site. A
connected, continuous pedestrian sidewalk system will make pedestrian activity more convenient
and prevalent.
2. Building design shall contain significant interest, level of detail and hwnan scale. Where these
elements are present on adjacent buildings and/or properties, building architecture and design shall
be consistent with surronnding buildings.
3. Development or redevelopment shall minimize impact to surrounding properties.
4. Incorporate well designed landscaping which establishes a buffer between incompatible uses and
clearly defines a street edge.
5. Site design shall foster both pedestrian and automobile traffic and safety, and shall include unique
amenities and a level of interest to patrons and passers-by.
6. Parking areas shall be de-emphasized and made less prominent.
7. Signage shall be well designed and located strategically so as to lessen the impact of advertising.
Multi-Familv Desilrn Princioles
t
5. Parking areas shall be located in safe, convenient locations for residents and gnests.
6. Building and site design shall contain an ample amount of visual interest and avoid monotony or a
"fonnulaic" design.
Mixed use projects (a mix of commercial and residential) shall follow the Commercial and Indnstrial
Design Principles and Design Standards.
D. Varying From the Requirements
The requirements listed in this Manual shall not be completely waived. The requirements are structured in a
manner to provide some latitude for site and building design. Only a few requirements are exact; the build-
to area or specific buffering requirements for example. For these 'exact' regnlations, and only these 'exact'
regulations, the variance process in Section 26-115 of the Wheat Ridge Code of Laws applies. A variance
cannot be processed for anything specifically prohibited in this Manual. For instance, a requirement exists
which prohibits parking between the building fa~ade and front property line in the urban areas. This is not
eligible for a variance.
Wheat Ridge Architectural and Site Design Manual
8
III. DESIGN STANDARDS
The following mandatory desilffi sW'ldards shall be inw'l'v.~;~d into each new commercial and industrial
site and building, as well as each major expansion of any existing commercial and industrial buildings.
Major expansion is defined in Section V (Definitions). Each mandatory design standard relates to the design
principles listed in Section II C. Compliance with these mandatory design standards will help ensure
achievement of the design principles. The design principles are reiterated to show relevance and context
with the site and building design standards.
A. CommerciallIndustrial Design Standards
Princinle: Create a nedestrian travel svstem similar to a roadwav network into. across and throueh the..
.~ite. A connected" continuous uedestrian sidewalk svstem will make fJedestrian activitv more convenient
and nrevalent.
I. The streets, bikeways, paths and trails of adjacent neighborhoods shall be extended into the proposed
development. Although cu.~",,; o'ity is iu.,..v. .....t, traffic calming measures may be used to discourage
short-cuts and diverting high volumes oftraflic through adjacent neighborhoods.
2. Continuous, wide pedestrian sidewalks shall be provided between buildings to promote a safe, pleasant
ironm shall connect cent side
"If
...
Fig. 7: Interconnected parking lots and drive aisles with continuous sidewalks make
this example pedestrianfriendly.
Wheat Ridge Architectural and Site Design Manual
9
4. In the traditional areas as shown in Figure 35, the area between the fayade of the building and the
property line shall be reserved for pedestrian activity, outdoor seating or plazas and/or landscaping.
This standard shall apply to that percentage of buildings required adjacent to street frontages in the
contemporary areas as well.
5. Pedestrian entries into bnildings shall face the adjacent street. All facades ofbnildings facing any street
or public space shall provide a level of finished architectural quality "l'l"Vl'.;ate to the public character
of that street or space. The entranceways shall be clearly defined and be prominently identifiable. This
shall not preclude the presence of additional subordinate entrances at the rear or side of a building.
.
.
Fig. 8: This building is constructed to the build~to line at each streetfrontage. Only pedestrian activity occurs between theface of
the building and the right-(Jf-way. The building entrance is clearly identified
Wheat Ridge Architectural and Site Design Manual
10
6. Pedestrian walkways shall be constructed to minimum industry standards. Detailed accents such as
brick, flagstone, scored or colored concrete shall be used at main entrances to delineate and accentuate
the pedestrian travel way to the building.
7. Pedestrian walkways shall be continued across driveways, drive aisles in parking lots and intersections.
At intersections, crosswalks with enhanced pavement are encouraged to provide for increased safety
and to add an aesthetic element to the streetscape.
Fig. 9: Photo afpedestrian paving
Wheat Ridge Architectural and Site Design Manual
11
Princinle: Buildim! desirm shall contain simificant interest, level of detail and human scale. Where the.r;:fi.
elements are nresent on adiacent buildinf!s and/or nronerties. buildinv architecture and desion shall hp.
consistent with surroundino buildinos.
1. A building entrance of finished architectural quality shall face an adjacent street. All facades of
buildings facing any street or public space shall provide a level of finished architectural quality
a"".v".;ate to the public character of that street or space. Buildings shall have at least one significant
pedestrian entty (used singly for one use or jointly for several uses) that faces the street or public way.
Individual ground floor shops within a building should have a direct pedestrian entty. The primary
entty of a building and/or its shop front shall be emphasized through changes in wall plane or building
massing, differentiation in material and/or color, greater level of detail and enhanced lighting as well as
pennanent signage.
2. Building facades that face a public street or plaza shall have at least one variation in plane depth (a
minimum of four feet) for each every 50 linear feet (or portion thereof) for the length of the fa~ade.
Canopies, awnings or other non-pennanent features will not count solely as a variation. Such a
variation may be accomplished by recessed entries, porticos, upper level step-backs, donners, or any of
the following offsets in the general plane of the fa~ade: columns, pilasters, protruding bays, reveals,
projecting ribs, balconies, and cornices or eaves.
3. Building facades shall be designed to provide a human scale. Human scale and detail shall be
incv. "v.u.~d into fa~ade design by the use of at least ee of the following methods:
. strongly e>:pressed glazing mullions that create a three dimensional
e><pression
Fig.IO: This building has a prominent entrance feature whichfaces the street
frontage. It contains variation in plane, farade and building materials.
Wheat Ridge Architectural and Site Design Manual
12
4. All building facades shall have one change in materials for each 10 feet (and portion thereot) of wall
height. A change in material must be at least two feet in height. Masonry patterns, such as headers or
rowlocks can count as a change of materials. Windows, canopies and doorways will not count as a
change in materials.
5. Buildings shall be constructed of durable materials, such as brick, stone, integral colored textured
concrete block, stucco, synthetic stone and masonry materials. Corrugated metal panels, plywood
paneling, un-articulated large fonnat concrete panels, exposed raw concrete and vinyl siding are not
allowed. Architectural metal and smooth faced concrete masonry units (C.M.U.) may be used as an
accent, but shall not constitute more than 20% of any fa~ade.
6. The character of new development should relate to, and use the positive examples as design resources
from the surrounding neighborhood, street patterns, and neighboring structures. The character of the
surrounding neighborhood shall be established by the existing facades, building footprint, building
materials, rooflines, and windows/doorways. A redevelopment should honor the basic patterns and
positive architectural themes of nearby existing development. The materials and form of any addition to
an existing building shall relate to the existing building. Buildings that express a standardized corporate
identity are discouraged.
.,
Fig. 11: These buildings share similar durable ma/erials, form, envelope and height. Their orientanon tawards the street and
distance from the street define a street edge.
Wheat Ridge Architectural and Site Design Manual
13
7. The transparency of groWld floor facades facing any street or pedestrian way, regardless of distance,
shall be at least 60% and not more than 85%. Transparency shall be calculated as the percentage of the
groWld floor elevation as measured from the finished grade at the base of the wall, to the second level
finished floor elevation. Transparent doors may COWlt as part of the transparent area. Window mullions
may be included in the transparent area calculations. However, structural elements may not be
included in the transparency calculations. Opaque or reflective glass shall not be included in
transparency calculations. If glass display cases are used, they must give the appearance of windows (at
least 2 ' deep) and should be maintained with items of interest. For corner lots, the minimum percentage
of transparency can be allocated from one street fayade to another. At no time can the p~, "~.....ge of
transparency on a street frontage be less than 30%.
8. Opaque (solid) storefront security closures (rolling doors, etc.) that block the views into a building are
not allowed.
9. For building fa~ades longer than 200 feet, at least I major identifYing object shall be incorporated into
the building design. A major identifying object would include a cupola, rotanda, spire, dome, clock
tower or similar architectural feature which creates visual interest.
Fig. 12: This example contain3 a major identifying object and 60% transparency on two elevations which/ace a streetfrontage.
10. For buildings located in the traditional areas, at least 60% of the lot width on the ",:"''''J street
frontage must be occupied by buildings located within the 0-12 build-to area. For example, on a
primary street frontage where a lot is 100 feet wide, at least 60 feet of building fvv.",:"; must be
constructed in the build-to area. The remaining 40% may be used to access, landscaping, access to
parking in the rear or other uses pennitted by this Manual. For corner lots, this requirement can be
reduced to 50% of the lot width on the primary frontage with at least 25% of the lot width of the
secondary street frontage occupied by buildings located within the build-to area. For smaller lots, the
Wheat Ridge Architectural and Site Design Manual
14
ability to access the parking in the rear must be maintained. At no time shall this requirement preclude
the establishment or maintenance of a drive aisle to access the side or rear of the building.
11. For buildings located in the contemporary areas, at least 40% of the lot width on the primary street
frontage must be occupied by buildings located within the 0-20 foot build-to area. For example, on a
primary street frontage where a lot is 100 feet wide, at least 40 feet of the building footprint must be
constructed in the build-to area. The remaining 60% may be used for access, parking, landscaping or
other uses permitted by this Manual. In the instance of a comer lot with more than one street frontage,
the build-to area shall be established at the primary street frontage (area of main entrance). The
required setback at the secondary street frontage shall be consistent with the applicable zone district in
which the property is located. The requirements for maintaining the sight distance triangle as defined in
Chapter 26 of the Wheat Ridge Code of Laws shall be followed and observed. For smaller lots, the
ability to access the parking in the rear must be maintained. At no time shall this requirement preclude
the establishment or maintenance of a drive aisle to access the side or rear of the building.
Fig. 13: This building occupies more than 50% olthe lot width at the build-to area on the primary streetfrontage. The
building occupies in excess 0125% afthe secondary streetfrontage as well, far surpassing the traditional overlay
minimum requirements.
Princivle: DeveloDment or redevelovment shall minimize imnact to surrnundinu DTonerties.
I. All loading equipment and service areas shall be adequately screened and located towards the rear of
the building.
2. All rooftop equipment and trash areas shall be screened from view so as not to be visible from the
property line viewed from ground level. Screening elements andlor enclosures shall be composed of
fonus, materials and colors that are either an extension of the building's exterior form, material and
Wheat Ridge Architectural and Site Design Manual
15
color palette, or neutral forms, materials and colors designed to minimize their visual impact. All trash
areas shall be incorporated into the building design and screened with full wall enclosures or wing-
walls and shall not be located between the building fayade and the right-of-way.
..a...", -A.. '-L
Fig.14: This electrical equipment is screened by a wingwall and doors, and is located to the rear of/he building.
.1-A..
Wheat Ridge Architectural and Site Design Manual
16
3. The edges of new and existing commercial development shall provide a safe, quiet and visually
pleasant transition to adjacent residential neighborhoods. Larger buildings should be located adjacent
to commercial corridors and transition to smaller buildings closer to residential, low-density
neighborhoods. Landscape and architectural treatments such as screen walls may be used as edge
buffers.
4. There shall be a transition between incompatible uses on adjacent properties. The transition may
include locating the building away from the dissimilar use, transitioning the building height to minimize
impact or increasing landscape buffering.
5. Particular care shall be given to ensure development will not adversely impact the supply of light to
adjacent properties, nor shall large shadows cast on adjacent properties. The height of any new building
or major addition shall be of the same scale as adjacent buildings.
Fig. 15: The commercial buildings transition to the residential structures. The forms and heights of the commercial structures decrease with
proximity to residential structures.
Wheat Ridge Architectural and Site Design Manual
17
Princinle: Incorvorate well desir:ned landsca7);nf! which est{7hlishes a!!'dk:,.lyetwe~J'l incomDatible uses
and clearlv defines a street edCTp.,
I. Except in traditional areas as shown in Figure 35, a mmunum IO-foot landscape area must be
established behind the right-of-way on all street frontages. Street trees shall be planted within this
landscape strip consistent with the standards located within Chapter 26 of the Wheat Ridge Code of
Laws.
2. A minimum IO-foot landscape buffer must be established between any parking areas and the property
line, and between any adjacent property which contains a residential use. The buffer can be reduced to
5 feet if a six foot fence is installed on the t',Vt'~"f line. This shall not apply to drive aisles or drive
through lanes.
.
.
Fig.16: The commercial property incorporates a heavy :.....,.;..~'...~.. bqffer on the property line which is adjacent to a
residential use. A six-footfence and trees help screen the parking area.
Wheat Ridge Architectural and Site Design Manual
18
3. The space between adjacent buildings shall ,be minimized, clearly defining a continuous building
fayade. In these instances, the buildings shall meet all applicable fire and building codes for fire
resistant construction.
Fig. 17: These multiple buildings create a continuous buildingfafade and defined street edge, making the area more pedestrian
friendly,
Wheat Ridge Architectural and Site Design Manual
19
Princivle: Site desivn shall foster both vedestrian and automobile traffic and safetv. and shall include
uniaue amenities and a level of interest to vatrons and na~sers-bv.
Two of the following techniques must be used in traditional areas. One technique must be used in the,
Cvu~m"orary and suburban areas:
. Plazas, courtyards and arcades are strongly encouraged in all commercial areas. Buildings should
be placed to enclose courtyards or plazas on at least three sides. These features shall be located
directly adjacent to sidewalks which access the right-of-
way and may contain seating areas, open eating areas,
landscaping, public art and fountains. These areas shall
count towards the minimum landscaped area required
by the Code of Laws.
. Pedestrian seating should be accommodated onsite,
particularly near entrances. Seating may include
benches, movable chairs, seat walls and planter walls.
Seating opportunities will encourage additional
pedestrian use of the streetscape areas. Benches and
movable chairs are a simple way to help establish the
identity of the community along the street.
Fig.18: Typical courtyard creates a public
gathering space.
Fig. 19: The courtyard is enclosed on three sides. Ample outdoor seating is provided which gtvesjUll views to
the right-of-way and sidewalk.
Wheat Ridge Architectural and Site Design Manual
20
The following are all required elements of site design:
. Front parking lots shall be interconnected so as to allow continuous vehicle passage without re-
entering the street.
. Generous sidewalks at the store fronts shall be connected to on-street sidewalks adjacent to all
rights-of-way.
. Continuous, wide pedestrian sidewalks shall be provided between buildings to promote a safe,
pleasant walking environment.
. Parking lots and drive aisles shall be arranged to maximize the connectivity and continuity of
pedestrian walkways and minimize the distances pedestrians must travel between buildings.
Pedestrian walkways shall be provided which minimize the need for pedestrians to travel in unsafe
areas, such as drive aisles and behind parked cars.
-
.
Fig. 20: These properties have interconnected walkways and parking areas. Property divisions are obscured creating a strong
pedestrian environment.
Wheat Ridge Architectural and Site Design Manual
21
Princinle: Parkinv areafif shall be de-emnha.~ized and made less nrominent.
I. In traditional areas, parking shall be located to the side or rear of the building. If a building is located
on a corner lot, any parking located adjacent to the secondary street frontage must be behind the
midpoint of the wall facing the secondary street frontage.
2. Parking access drives shall be consolidated to minimize curb cuts and minimize breaks in the o.u."Juut
facades.
3. In non-traditional areas surface parking and drives are allowed between a public street and a building
fa~ade when screened from the street by either a low wall and/or landscape buffer of at least ten (10)
feet in width. If a landscape buffer is utilized, trees and shrubs must be planted to further soften the
parking edge.
4. Except where separated by buildings, all parking lots must be interconnected to allow users to circulate
without having to re-enter a street.
5. Large parking lots shall be divided into smaller segments and should be generously planted with shade
trees. Large, open parking areas are to be avoided.
g.
..
~
...
~
.:;
~
'"
."
C
S
...
'"
Primary 5~t Fronlilge
Building
Wall
----- midpoint
Fig. 21: An example of a parking area on a corner lot in a
traditional area. The parking is located behind the midpoint of
the building wall atfjacent to the secoruJary streetfrontage.
Wheat Ridge Architectural and Site Design Manual
22
6. Shared parking is encouraged for traditional overlay areas and developments with limited parking
availability. Shared parking recognizes that various uses utilize parking to different degrees throughout
the day. Shared parking is calculated using the Sharing Factor Matrix below (Fig. 21). In the event of
mixed-uses, the actual parking required is calculated by adding the total number of spaces required by
each separate function and dividing the total by the 6}'}"0}'.;ate factor from the Sharing Factor matrix.
For example: If the residential function requires 10 spaces and the office portion requires 12 spaces,
independently they would require 22 spaces, bnt when divided by the sharing factor of lA, they would
require ouly 16 spaces. A second way to use the sharing factor is if there is a total of 22 spaces
available on the site, multiplying this by the factor 104 produces the equivalent 000 spaces. Building
uses may be sized to a functional density corresponding to 30 parking spaces. (Note: When three
functions share parking, use the lowest factor so that enough parking is assured.)
7. Where possible, on-street parking may be counted towards the required parking counts. On street
parking shall not be allowed on State highways, arterials or in locations where the street width cannot
accommodate the parked vehicle. When adjacent to City-owned parking lots, parking may be
accommodated in a City-owned parking lot.
Fig. 22: These parking areas are interconnected,
reducing the need to re.enter the street.
I
I
I Residential
I Lad"in"
I Office
I Retail
Shared Part<in.ll, Factor
Residential I LOd"in9 J
:;;;::>~i ~;:~ ").
,,~~;:~:~:~'~;;.I
1
Office Retail I
"1.4 ,.',," ," .i,1.2 ,..' 'I
"1.7 .. ,'. ' 1.3...
""....,1"""..,., ',.,'..,1.2';
. _ ",~'.;,1:2 '1~,:-~,,-i~: -",,;,: ~";:;1
I Fig. 23: Shared Parkingfaciar table
Wheat Ridge Architectural and Site Design Manual
23
Principle: Signage shall be well designed and located strategically so as to lessen the impact of
advertising.
1. Innovative and unique signs and graphics are encouraged.
2. The structura1 support of projecting signs should be integrated into the design of the sign, either by
being simple and inconspicuous, or by being creative in the use of structural elements, lighting, color
and materials.
3. Projecting signs should not be located closer than twenty-five (25) feet apart unless the signs work
together to make a unified and compatible design or the sign group is integral to the building
architecture, reinforcing a significant building feature such as a primary entry.
4. Projecting signs are allowed and encouraged in the urban areas. There is no setback from the right-of-
way for projecting signs. Encroachments into the right-of-way are permitted provided the appropriate
approvals from the City are granted.
-
";",.;,,~,:,,,,":-_<'+::<;'i.:
'-,,~
. Fig. 24: Projecting signage should be integrated into design in urban areas.
5. Consolidated monument signage is encouraged in multiple use developments. Monument signs are
required for new development, and
must be located within a landscaped
area. Pole signs are not allowed with
new development, unless the
development is located within Y. mile
of the interstate and a highway
oriented sign is proposed.
6. The materials of a freestanding sign
should be the same as, or closely
related to, the materials used on the
building to which the sign is related.
F~g. 25: This monument sign advertises/or the entire multi-use building. .
Wheat Ridge Architectural and Site Design Manual
24
7. Building wall signs should fit within the architectural features of the fa~ade (e.g. not overlapping
columns or covering windows), and complement the building architecture. Wall signs may extend
beyond physical lease space.
8.
9.
Fig. 26: The wall signage on this building utilizes canopies and recessed
areas on thefaeade to advertise.
10. Sign faces shall be of a darker hue with light colored text.
Fig. 27: These signs have a dark background with light text.
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25
B. Multi-Family Residential Design Standards
Principle: Provide an ample amount of usable open space for residents to congregate in a central,
convenient location.
I. At least 10% of the ",v"",'j must be dedicated to open space for use by the residents and tenants of
any multi-family development. The open space shaIl be usable and contain amenities for play or
congregation. Acceptable amenities include play structures, picnic tables, benches, sporting areas such
as soccer goals, tennis courts or basketball courts. These areas must contain irrigated sod or
cv~,,~~ble landscaping eqnivalent.
2. Detention areas may be used as open space provided these areas are improved properly. The design of
the detention/open space shaIl not aIlow standing water.
.
.
Fig. 28: This multi-fami/y development contains ample open space to be used as recreation areafor the tenants.
Wheat Ridge ArchitecturaI and Site Design Manual
26
Principle: Building design shall contain significant interest, level of detail and human scale. Where these
elements are present on adjacent buildings and/or properties, building architecture and design shall be
consistent with surrounding buildings.
1. For buildings with one entrance to many units, the public entries shall have pedestrian connectivity into
the site from adjacent streets. For buildings with multiple entrances, pedestrian connectivity shall be
provided to each main entrance at each ground floor unit. All facades of buildings facing any street or
public space should provide a level of finished architectural quality al'l"Ul'.;ate to the public character
of that street or space. Buildings should have at least one significant pedestrian enlIy (used singly for
one use or jointly for several uses) that faces the street or public way. Individual ground floor units
within a building should have a direct pedestrian enlIy. The primary entry of a building should be
emphasized through changes in wall plane or building massing, differentiation in material andlor color,
greater level of detail and enhanced lighting as well as permanent signage.
2. Building facades should be designed to provide a hnman scale. Hnman scale and detail should be
incorporated into fa~de design by the use of at least three of the following methods:
. reveals
. belt courses
. cornices
4. Buildings shall be constructed of durable materials, such as brick, stone, integral colored textured
concrete block, stucco, synthetic stone, vinyl siding and masonry materials. Corrugated metal panels.
plywood paneling, un-articulated large fonnat concrete panels, and exposed raw CVUU"" are not
allowed. Architectural metal and smooth faced concrete masonry units (C.M.V.) may be used as an
accent, but shall not constitute more than 20% of any fa~ade.
Wheat Ridge Architectural and Site Design Manual
27
5. At least 25% of any fayade visible from public right-of-way shall contain stone, stucco, brick or similar
resilient mortar building material.
6. The character of new development should relate to, and use the positive examples as design resources
from the surrounding neighborhood, street patterns, and neighboring structures. A redevelopment
should honor the basic patterns and architectural themes of nearby existing development.
Fig. 29: This multi-fami/y development contains similar building materials as the mixed use
development on the aq;acent parcel. The structw-es are all afthe samefarm and bulk.
.A.. ~
.L.A..
Wheat Ridge Architectural and Site Design Manual
28
Principle: Building and site design shall contain an ample amount of visual interest and avoid monotony
or a "formulaic" design.
1. If the development includes multiple main building structures, each structure shall be unique in size,
elevation height, shape, roof line and orientation to prevent a standardized site design. Dormers should
be used to break up simple roofforms.
2. Building spacing and orientation shall vary between buildings.
3. Accessory buildings shall not be located in the front yard, or located in a build-to area in the traditional
or contemporary areas. If possible, detached garages or carports should be accessed from an alley or
rear drive. Individnal and common storage areas (such as for maintenance equipment) shall be
considered in the initial design of the main structure(s) and incorporated into the design of the main
structure or garage.
4. Detached structures shall be of the same building material type as the main structures,
Fig. 30: This multi-family development contains varied 7ooftines. While the units have similar
themes, they differ in scale, setback and materials used.
Wheat Ridge Architectural and Site Design Manual
29
Principle: Each fQl;ade should have a significant number of porches, balconies and window openings.
Each entranceway to the building or unit shall be clearly defined
1. For buildings with multiple exterior entrances to multiple units, each individual unit entrance must be
defmed and must contain a variation in two of the following ways:
. Change in setback
. Change in height
. Change in materials
For buildings with multiple units served by one common entrance, there must be at least one change in
plane for each 50 feet of wall length. The change in plane can be accomplished by:
. Change in setback
. Change in height
. Change in materials
. Addition of porches/patios
2. At least 25% of each elevation shall contain openings such as doors or windows. For example, if a
fa9ade contains 1,000 square feet, 250 square feet of the fa9ade must be treated with openings such as
windows, doorways, orches, balconies or similar tr lInent.
Fig. 31: These townhomes have clearly identified entrances, staggered setbacks. varying heights and
building materials.
Wheat Ridge Architectural and Site Design Manual
30
Principle: Parking areas shall be located in sqfe, convenient locationsfor residents and guests,
1. At least 33% of the supplied parking spaces shall be within carports or garages.
2. Detached garages and carports are not allowed within the front setback area, or if located in a
traditional or cvmc<vporary area, within the build-to area.
3. Sidewalks shall be provided from parking areas to the main entrance of each building. These sidewalks
shall fonn a network for pedestrian traffic.
4. The parking areas shall be well lit to provide security for owners, tenants and guests.
5. When multiple garages or carports are attached as one structure, there shall be a clear delineation
between parking stalls or garages. There shall be a minimum recess of 3 feet between each garage
space. The garage or carport structure shall have similar building materials to the main structure.
6. The vehicular access garage doors on detached garages shall not face the primary street frontage.
Fig. 32: The detached garages which serve these townhomes are located in the rear of the properly. Pedestrian
connections are present between the garages and the units. The garages and main buildings are of similar building
materials. The garage doors do notface the primary streetfrontage.
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31
IV. OVERLAY AREAS
The City contains three overlay areas: traditional, contemporary and suburban. These three areas are
identified on the map on page 39 (Figure 35). These areas are established to dictate placement of the
building as it relates to the street frontage. All of the design standards and principles apply in these overlay
areas.
A. Traditional Overlay
Traditional areas have a neo-traditional character - wide sidewalks are located in front of the stv..:: v~";,
strong pedestrian presence on the sidewalks, buildings are located much closer to the street and parking
areas are located behind or beside the building facade. These traditional areas are intended to be more
pedestrian oriented thereby creating more a vibrant, walkable environment, a precursor to mixed use. A
consistent street edge should be established in the traditional areas, with parking areas located in the side or
rear yard.
The percentage of buildings shall be
calculated by measuring all building
facades which face the primary street
frontage. Of this total, 60% of the
collective building fa~ade measure shall
be located in the 0-12 foot build-to area.
Nothing in this section shall preclude
more than 60% of the collective building
facades from being located within the
build-to area.
A 0-12 foot build-to area is established in the traditional areas. At least 60% of the linear measure of the
building facade which faces the primary street frontage must be located within this build-to area. A setback
as defined in the Wheat Ridge Code of Laws establishes a minimum line where a building must be located
behind. The build-to area establishes a twelve-foot window for location of the building fa~ade in close
e front p Where a setback d' tates
ce a be located the
-to window w
d.
Fig. 33: This building is an example of
development in the traditional area.
Fig. 34: This building occupies the required build-to area in a traditional
overlay area.
Wheat Ridge Architectural and Site Design Manual
32
B. Contemporary Overlay
Contemporary overlay areas are intended to incorporate elements of the traditional areas while allowing
more flexibility in building placement. A 0-20 foot build-to area is established in the wm'mpv.wj areas.
At least 40% of the linear measure of the building facade which faces the primary street frontage must be
located within this build-to area. In the case of multiple buildings on one single parcel, the build-to area
applies to the property as a whole. In this situation, 40% of the total sum of all building facades which face
the primary street frontage must be located within this build-to area. For instance, on a property which
contains multiple buildings with a total measure of 2,000 linear feet of building facades, 800 lineal feet of
building fa~ade must be constructed within the build-to area. When multiple buildings are present, the
requirement for facades within the build-to area may be applied to many buildings, or one building. The
intent is not to require each building to be located within the build-to area.
In the instance of a corner lot with more than one street frontage, the build-to area shall be established at the
primary street frontage (area of main entrance). The required setback at the secondary street frontage shall
be consistent with the applicable zone district in which the property is located. The requirements for
maintaining the sight distance triangle as defined in Chapter 26 of the Wheat Ridge Code of Laws shall be
followed and observed.
The percentage of buildings shall be calculated by measuring all building facades which face the primary
street frontage. Ofthis total, 40% of the collective building fa~ade measure shall be located in the 0-20 foot
othing . shall preclude mo than 40% u'
. the bu
D. Inclusion in an Overlay Area
Properties are shown in ,a particular overlay area (traditional, contemporary or suburban) in Figure 35.
Where a property owner wishes to include his or her property into another overlay area, a written request
must be submitted to the Director of Community Development requesting this inclusion. A P'Vt""j owner
can only request inclusion into an overlay area which is more intensive than the district his or her t'''P'' ')
currently resides. For example, a property owner who owns a property shown in the suburban area may
request inclusion into the contemporary area, or from the contemporary area into the traditional area. A
property owner with a property in a traditional area may not seek inclusion into the suburban area.
Additionally, the Director can, at his or her sole discretion, include a property in an overlay area. A
property can be included into an overlay area based upon adjacency to other areas, recent development
trends or recommendations in an adopted subarea plan. The Director also has the ability to interpret the
overlay area map (Fig. 35) which identifies the separate overlay areas.
Wheat Ridge Architectural and Site Design Manual
33
V. DEFINITIONS
Amenity Zone
An area along the street curb where trees, planters, furnishings and lighting are arranged. This area typically
ranges from 5 to 12 feet in width. It usually replaces the tree lawn in more intense commercial
developments.
Architectural Bay
The area between two vertical elements, usually structural supports, that are usually spaced in repetition.
Articulation
A juncture in the face of a building that generally provides relief in an otherwise flat surface.
Attached Sidewalk
A sidewalk which is attached to the back of the street curb.
Belt Course
Usually referred to in masorny construction as a continuous row of a ,,~~.-m of masorny around the fa~ade
of a bnilding.
B
An area established adjacent to the primary street ontage where a uilding (or portion thereof) must be
located. The build-to area differs by overlay zone: traditional, cv...-..."orary and suburban.
Bulk
The three dimensional volume of a building.
CDOT
Colorado Department of Transportation
Caliper
The diameter of the trunk of a tree measured 6 inches above the ground.
Character
A viewer's impression of the elements which make up a particular ~o.,.,._,ition of the landscape, trees,
buildings, space, furniture, materials and colors.
Commercial InfiU
New construction of a building or buildings in a commercially zoned district.
Commercial Street
A street where the primary activity is to provide ,goods and services to the public. An area of shops, stores,
service businesses, and offices.
Wheat Ridge Architectural and Site Design Manual
34
Corner Lot
A lot which fronts at least two public streets.
Curb Cut
Any break in the street curb for a driveway which provides vehicular access from the street.
Curb Ramp
A sloping area of the sidewalk which allows for access of people with disabilities, wheelchairs, pedestrians
and bicycles.
Detached Sidewalk
A sidewalk parallel, but not connected, to the street. Typically, detached sidewalks are separated from the
curb with a tree lawn.
EIFS
Exterior Insulating Finish System or a synthetic stucco building material.
Elevation
The exterior face of a building. The north elevation is the north side of the building (as seen by looking
south).
Form
The three dimensional shape and structure of a building.
Groundcovers
Low growing plant materials which are typically used in place of turf in tree lawns and as foreground plants
in landscape shrub beds. Ground covers usually do not exceed 6" in height.
Hardscape
Exterior ground surface areas which are paved with some impervious material.
Human Scale
Proportions of elements that relate to the size of a human body.
Icon
A sign whose form suggests its meaning.
Luminaires
The light source of a light fixture. Typically located on poles or are wall mounted.
Mass
The exterior form and shape of a building.
Wheat Ridge Architectural and Site Design Manual
35
Major Additions
Development (or redevelopment) which increases existing building square footage by 50% or more.
Median
A raised island of paving or planting located in the center of the street dividing the two ways of travel along
a street.
Mixed-Use
A development that has a mixture of different uses within its boundaries. Mixed use developments typically
contain commercial on the ground floor and residential above, or if a one story building, commercial in
front with residential behind.
Mullion
An upright dividing bar in a window or screen.
Overlay Ar~a
An area of the City designated to identifY different build-to areas. All design principles and standards are
applicable in the three overlay areas.
Public Frontage
The area between the back of curb and the ROW line.
Residential Street
A street which provides access to primarily residential uses.
Reflective Glass
Glass that has a percentage of outdoor visible light reflectivity greater than 19%.
Reveal
A space or an indention in the surface of a building that separates materials or is used as an accent in the
field of the same material.
Right-of-way
The area of the street that is in public ownership. They area between private property and street is referred
to as the right-of-way.
Scale
The proportions of elements that relate to the street in relation to a human or automobile. Scale affects the
arrangement of streetscape elements to form spaces that are comfortable for pedestrians and drivers alike.
Wheat Ridge Architectural and Site Design Manualf
36
Secondary Street Frontage
The property line perpendicular to the primary street frontage. The secondary street frontage is only
applicable for lots with mnltiple street frontages.
Sidewalk
A paved surface expressly intended for pedestrian use.
Splash Strip
A paved strip along the back of the curb that provides protection for plant areas and tree lawns from
chemicals and sand spread on the street.
Step-out Strip
A paved strip along the back of the curb that provides an area for stepping out of vehicles parked along the
curb.
Streets cape
The landscape, pedestrian or other improvements within the public right-of-way. It is typically an area
between the curb and right-of way line, but it may be in some cases, within easements adjacent to the right-
of-way.
the streetscape
ches, planters,
ds, mailbo
lawn.
Tree Lawn
The area between the back of the curb and the detached sidewalk.
Universal Design
Design that accommodates people with all ranges of physical abilities.
Xeriscape
An "w.v"vh to planting design using established landscape and horticultural principles to reduce water
consumption and maintenance oflandscapes.
Zero Lot Lines
Where no setback is required between the building and the property line.
Wheat Ridge Architectural and Site Design Manual
37
BffiLlOGRAPHY
Citv af Wheat Rid"e Zanin" Ordinance. February 26 2001, City of Wheat Ridge.
Wad.warth Boulevard Carridar Transoartation. Land Use and Desi"n Plan. May 12, 1999, City of
Wheat Ridge.
!lihlia"raohkal Sketches. Earlv Settlers af Wheat Rid"e, 1976, Researehed by the Wheat Ridge
Historical Committee and the Wheat Ridge Centennial-Bicentennial Commission.
.Cauntv Wale Tran..nartatian Plan. April 1998, A cooperative effort of Jefferson County, City of
Arvada, City of Broomfield, City of Golden, City of Lakewood, City of Westminster, and City of
Wheat Ridge, Colorado.
Standards and Guide for Traffle Cantral far Street and Hi"hwav Canstruction. Maintenance. Utilitv.
and Incident Mana"ement Oneratians. September 3, 1993, U.S. Department of Transportation,
. . Federal Highway Administration.
Part VI afthe Manual an Unifarm Traffic Cantrol Devices (MUTCDl I988 Education of MUTCD.
Revision 3, September 3, 1993, U.S. Department of Transportation, Federal Highway Administration.
Landscane Vacahularv. 1964, by Warner L. Marsh, Miramar Publishing Co., Los Angeles, California.
~~'.
Wheat Ridge Architectural and Site Design Manual
38
ITEM NO:
1,1),
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE:
June 11,2007
TITLE:
APPROVAL OF RFP-07-16 MARKETING AND BRANDING
PROJECT TO COMMUNICATION INFRASTRUCTURE GROUP,
LLC IN THE NOT TO EXCEED AMOUNT OF $30,490.00
D PUBLIC HEARING
IZI BIDSIMOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial: D
Yes
. O~)r#)
Deputy City Manager . It'
IZI
No
-UJ.-uw~/JJvfi
fofCity Manager If
EXECUTIVE SUMMARY:
In 2006, City Council identified a Marketing and Branding Project as a top priority in the City. The
purpose of the Marketing and Branding Project is to assess the need for a new brand and logo.
The Project will consist of the following elements:
· Conducting a comprehensive inventory of current City Logo uses.
· Creating a new brand and logo for the City of Wheat Ridge.
· Creating standards for use (a Standards Manual), including applying standards to elements
such as signage, printed materials, vehicle graphics, stationary, forms, and other applications.
Following approval of this award by City Council, the consultant will begin work on July 12, 2007.
Staff has scheduled the consultant to make a project kick-off presentation to City Council at the
Monday, August 6, 2007 City Council Study Session.
On May 2, 2007, nine (9) bids were received. All bids met the initial bid requirements. The
Evaluation Committee reviewed and scored the proposals. Five firms were short listed and invited for
interviews. The number one overall ranking firm after the interviews was Communication
Infrastructure Group, LLC of Evergreen, Colorado. Staff recommends award to Communication
Infrastructure Group, LLC based on qualifications and experience in the not to exceed amount of
$30,490.00.
COMMISSION/BOARD RECOMMENDATION:
No Commission/Board recommendation is required for this project.
STATEMENT OF THE ISSUES:
N/A
ALTERNATIVES CONSIDERED:
No award of the Marketing and Branding Project will delay the moving forward with the project as
outlined as a goal in the 2007 City Council Strategic Plan.
FINANCIAL IMPACT:
Funding for this project has been approved as the Marketing and Branding Project line item of the
2007 City Operating Budget in the amount of $50,000.
RECOMMENDED MOTION:
"I move to approve award of RFP-07-16 Marketing and Branding Project to Communication
Infrastructure Group, LLC of Evergreen, Colorado in the Not to Exceed Amount of $30,490.00."
or,
"I move to deny award ofRFP-07-16 Marketing and Branding Project for the following reason(s)
"
Initiated by:
Report Prepared by:
Reviewed by:
Heather Geyer, Assistant to the City Manager/PIO
Heather Geyer, Assistant to the City Manager/PIO
Linda Trimble, Purchasing Agent
Attachments:
I. Bid Tabulation Sheet
2. Vendor Proposal
CITY OF WHEAT RIDGE
BID TABULATION
PROJECT: MARKETING & BRANDING CONSULTANT
BID/PROPOSAL NO.
RFP-07-16
BID DUE DA TElTIME
05/02107 by 4:00 pm
REQUESTING OEPT.lDIVISION
CITY MANAGER
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RFP..o7-16
BiQOUE DATElTIME
05/02107 by 4:00 pm
REQUESTING OEPT.J01V1SiON
CITY MANAGER
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CITY OF WHEAT RIDGE
BID TABULATION
PROJECT: MARKETING & BRANDING CONSULTANT
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J:161D TABULATION SHEETSIRfP-07-16.dOC
Foreseeable issues in the implementation of this project
1. Through our experience in this area -
particularly on projects financed using
public funds - we recognize the possibility
that we may encounter resistance from
members of the public. Their objection
will likely be to question the need for this
effort; asking "Why is the City is spending
money on a logo when I've got a huge
pothole our-in front of my house?"
To counteract this resistance, we
recommend creating key messages and
a Q&A document that address the
need for such an overall brand audit
and redefinition and help frame the
expenditure of funds in the proper context.
2. CIG will deliver the complete scope
of services outlined in this proposal
within the timeframe above, provided
that the City of Wheat Ridge can meet
the necessary review ahd feedback
timeframes. Once the timeline is
formalized following the project kick-off
meeting, any adjustments in turnaround
times for public or city input will impact
the project delivery schedule.
Previous roles in presenting and attending meetings
with citizens or council:
As mentioned in our presentation of case
studies and past experience, CIG has the
expertise the City of Wheat Ridge needs
to conduct a public involvement / public
input program the community will respect.
Whether it is our work for RID, Adams
County, City of Thornton, Cherokee's
redevelopment of the former Gates Rubber
Factory site or Denver's Transportation
Expansion (T-REX) Project, CIG has
the skills, experience and political savvy
required to ensure and secure public input
and support for the Wheat Ridge brand and
identity project.
Fee Schedule
CIGHourlyR~tes;
Executive Oversight
Project Management
Copywriting
Graphic Design
Account Coordination
Reimbgrsable ~enses;
Mileage:
Copies:
Long distance charges:
Courier / postage:
Travel:
$150
$100
$90
$85
$45
$ .485 / mile
(federal
reimbursable
rate)
at cost
at cost
at cost
at cost, as
approved by
client
In Closing:
CIG respectfully submits this proposal
in response to the City of Wheat Ridge's
RFP #07-16, and based on the scope of
work we estimate our fees at $30,490.
We believe CIG is uniquely qualified
and experienced to perform the scope
of services you have outlined. We look
forward to working closely with you and
the people of your community - always
exceeding their expectations and helping
you achieve complete success.
ATTACHMENT 2
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ITEM NO:
l. f",
REQUEST FOR CITY COUNCIL ACTION
'l~$'~
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COUNCIL MEETING DATE:
June 11,2007
TITLE:
APPROVAL OF RFP-07-04 VOICE OVER INTERNET PROTOCAL
(VOIP) TELEPHONY SYSTEM TO MILESTONE NETWORKS IN
THE TOTAL AMOUNT OF $325,250.83
D PUBLIC HEARING
IZI BIDSIMOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial: D
..Q1;.=lt~
Deputy City Manager -
IZI
No
City~Q.Jt
EXECUTIVE SUMMARY:
The City's current phone and voicemail system is over 12 years old and is in need of replacement
due to the growing frequency of failures and anomalies. The telephone system consists of two
MiTel telephone switches, an auto attendant system with voice mail, as well as three Nortel
telephone switches and voice mail at the remote sites. The telephone system currently has 500
extensions and voice mailboxes serving every department in the City. While it has functioned well
during the past decade, there are many limitations, including archaic features, of the existing
technology. In addition, the MiTel voice mail system is no longer supported by the manufacturer
as of January 2007.
A request for proposal was issued by the Purchasing Division and ten bids were received on April
17,2007. All bids met the initial bid requirements. A ten person committee, comprised of
representatives from all City divisions, based its recommendation on the lowest most responsive
and responsible proposal. Staff has evaluated the bids and checked references and recommends an
award to Milestone Network in the amount of$325,250.83.
This updated technology solution will upgrade, unifY and standardize all telephone infrastructure
and equipment to create a more reliable, feature rich and seamless telecommunications and data
network. It will also provide for better methods and logic to enable citizens to contact departments
and address the City's call routing issues. The new VOIP technology will also permit the IT
Division to better and more easily manage the phone system from a centralized command and
control interface,
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
The scheduled and budgeted replacement of obsolete phone equipment at all sites,
ALTERNATIVES CONSIDERED:
Traditional PBX phone systems, but IT decided VOIP is the technology of the future.
FINANCIAL IMPACT:
Staff recommends awarding the purchase of the new phone system to MileStone Networks in the total
amount of$325,250,83. This project was discussed with Council during the 2007 budget process and
these funds were approved as part of the 2007 budget.
RECOMMENDED MOTION:
"I move to approve the award ofRFP-07-04 VOIP Telephone System to Milestone Networks of
Englewood, Colorado in the total amount of$325,250.83".
or,
"I move to deny authorization for the City of Wheat Ridge to purchase a VOIP Telephone System
from Milestone Networks for the following reason(s) "
Report Prepared by:
Reviewed by:
Michael Steinke, IT Manager
Linda Trimble, Purchasing Agent
Patrick Goff, Deputy City Manager
Attachments:
1. Bid Tabulation Sheet
2. Milestone Network Proposal
CITY Of WHEAl RIDGE
BID lABULA110N
!lIDiPRoPOSAL NO,
RFP-07-04
BiD DUE DA~jj;--;:;iE
04/17/07 by 4:00 pm
REQUES.ING DEPT./DNlSION
11
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Linda Trimble, purchasing Agen'
WITNESSED a~ -
Julie pavel, purchasing Assistant
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PROJEC1: VOIP TELEPHONE SYS1EM
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CITY OF WHEAT RIDGE
BID ,TABULATION
PROJECT: VOIP TELEPHONE SYSTEM
OPENED BY -ft -
Linda Trimble, purchasing Age~
'v'~rrNESSED BY ,
Julie Pavel, purchasing Assistant :;::x )
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BIDIPHurOSAl NO.
RFP-07-04
BID DUE DATElTIME
04117107 by 4:00 pm
REQUESTING DEPT.lDlVISfON
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Milestone Networks, Inc.
88 Inverness Circle East
A212
Englewood, CO 80112
Sherry Jacobsen
Main - (303) 468-6010
Fax - (303) 468-6011
info@milestonenetworks.com
http://www.milestonenetworks.com
Q-364
11111111111111111111111111111111111
Created 6/1/2007
Modified 611/2007
Valid for 30 Days
Customer
City of Wheat Ridge
7500 W. 29th Ave
Wheat Ridge, CO 80033
U5
Shipping Address
Same As Billing Address
Contact
PO: None
Shipping: None
Product Code Description Sell Qty Total
99997 Q-362 City Hall - w/3 year Support $174755.86 1 $174755.86
99997 Q-361 Public Works - w/3 year Support $20514.00 1 $20514.00
99997 Q-360 Anderson Complex - w/3 year Support $25131.31 1 $25131.31
99997 Q-359 Senior Center - w/3 year Support $17176.55 1 $17176.55
---.-_._- -_._-~_.._._-- ------.---.-.-.--
99997 Q-358 Recreation Center - w/3 year Support $33226.11 1 $33226.11
~.--_._---- ------------
SUA1500RM2U APC Smart-UPS RM 1500VA USB & Serial - UPS (rack mountable) $699.00 11 $7689.00
FF420 4-Port V.34 Fax Server PSTN/PBX Model $1799.00 1 $1799.00
FF820 8-Port V.34 Fax Server PSTN/PBX Model $2999.00 1 $2999.00
USB1100 Premier Tech Music On Hold USB1100 $230.00 2 $460.00
91072 ShoreTel Analysis - 1st 2 sites & Project Report $1500.00 2 $3000.00
99996 Milestone Networks Installation, Integration, Configuration $32500.00 1 $32500.00
..----.-..------
99994 ShoreTel End User Training (24 students per class) per student $600,00 10 $6000.00
99997 5HORETEL OPTIONS: $0.00 0 $0,00
---- .-....------------
40003 ShoreTel Agent Call Manager $295.00 0 $0.00
40004 ShoreTel Supervisor Call Manager $595.00 0 $0,00
10246 ShoreTeJ Base, Audio & Web Conference SW with 12 ports $15600.00 0 $0.00
10248 ShoreTel Add-on, Audio & Web Conference SW (12 Ports) $13200.00 0 $0,00
Subtotal
$325250,83
Page 1
Signature
Total
$325250.83
ATTACHMENT 2
ITEM NO:
L ~
REQUEST FOR CITY COUNCIL ACTION
~$"~
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ItQ UII
COUNCIL MEETING DATE:
June 11,2007
TITLE:
APPROVAL OF RFP-07-08 INSURANCE BROKER SERVICES TO
INSURANCE MANAGEMENT ASSOCIATES, INC. (IMA) OF
COLORADO ON A COMMISSION BASED AGREEMENT
D PUBLIC HEARING
IZI BIDSIMOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
IZI
No
~ot....:r'CP
City Manat\r ~
EXECUTIVE SUMMARY:
For our employee insurance benefits, the City contracts with a brokerage firm to provide the following
services: review benefit contracts; solicit and negotiate rates for benefit plans in coordination with
Human Resources; provide updated information and changes in regulations concerning benefits
provided to public employees; evaluate and underwrite data for any changes in benefit plans; counsel,
advise and make recommendations to the Administrative Services Department/Human Resources
concerning various applicable issues; and, act as liaison to insurers when service problems occur. The
contract with the current brokerage firm expires in 2007 therefore in accordance with policy the City
initiated a Request for Proposal (RFP) process. Nine (9) brokerage firms submitted written proposals
and after a careful screGning process, the final selection consisted of a panel interview with two (2) of
the companies, Gallagher Benefit Services, as well as our current provider, Insurance Management
Associates, Inc. (IMA).
IMA has proven to be very innovative and has provided state-of-the art technologies in the area of
insurance. Therefore, it is our recommendation to retain the broker services ofIMA with an effective
date of August 17, 2007.
On February 20, 2007, nine (9) proposals were received. All proposers met the initial bid
requirements except Misken Benefits of Lake wood. Two firms were short listed and interviews were
conducted. IMA of Colorado was ranked number one overall.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
None
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
IMA of Colorado will continue to receive commissions from the benefit insurance companies. It is
estimated to be $65,000 based on commissions.
RECOMMENDED MOTION:
"I move to Award RFP-07-08 Insurance Broker Services to IMA of Colorado, Denver, CO on a
commission based agreement, effective August 17, 2007."
or,
"I move to deny award ofRFP-07 -08 Insurance Broker Services for the following reason(s)
"
Report Prepared by:
Reviewed by:
Ruth Johnson, Human Resources Representative
Karen Croom, Human Resources Manager
Patrick Goff, Deputy City Manager
Linda Trimble, Purchasing Agent
Attachment:
1. Bid Tabulation Sheet
070611 RFP-07-08 Broker Services CAF.doc
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CITY OF WHEAT RIDGE
BID TABULATION
PROJECT: INSURANCE BROKER SERVICES
r"" .
RFP.07 -08
-
BID DUE Op.'T8TIME
02/20/07 by 4:00 pm
REQUES'TING DEP,,/QIVISIDN
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CITY OF WHEAT RIDGE
BID TABULATION
PROJECT: INSURANCE BROKER SERVICES
. BID/PROPOSAL NO.
RFP.07.08
. BID DUE DA TEmME
02120/07 by 4:00 pm
. REQUESTING DEPTJOIVISION
HUMAN RESOURCES
,
OPENED BY . " J
Linda Trimble, Purchasing Agenp- .
W1TNESSE.D BY -
Julie Pavel, Purchasing Assistant ~
PAGE A- OF d.
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TECHNICAL APPROACH 'Yes 'Jes Yes
REFERENCES & LOCATION ~es. 'fes Yes
SCHEDULE OF RATES 'fes. 'Jes Ve3
ILLEGAL ALIEN FORM 'Yes 1es "ks
ACKNOWLEDGE ADDENDUM #1 ~e.s "'Jf,.<;, No
J;IBID TABULATION SHEETSIRFP.07-08,doc
ITEM NO:
L 6,
REQUEST FOR CITY COUNCIL ACTION
'~c.", ,1
'(>"'W'''-- ~
" ' ;;~<i;~ "., -:.---
COUNCIL MEETING DATE: June 11, 2007
nILE:
RAHJ<ICATION OF Hi,)!' METRO MAYORS CAUCUS
MEMORANDUM OF UNDERSTANDING
D PUBLIC HEARING
IZI BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
IZI
No
~
City Clerk
CityM~~r~
EXECUTIVE SUMMARY:
Mayor DiTullio has asked for the Ratification of the Metro Mayors Memorandum of Understanding
dated November 14, 2006, by and among the local governments (Attachment 1). This Memorandum
of Understanding calls for municipalities to protect and enhance the quality of life in the metro area.
Local Governments are in a unique position to provide consumer education and access to information
and other resources which are crucial first steps in attaining the economic and environmental benefits
of increased energy efficiency, as well as preserving and enhancing our quality of life.
COMMISSIONIBOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
None
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
None
RECOMMENDED MOTION:
"I move to ratify the Metro Mayors Memorandum of Understanding dated November 14, 2006, by
and among the local governments in the Denver Colorado metropolitan area and authorize the Mayor
to sign on behalf of the City."
or:
"I move to deny ratification of the Memorandum of Understanding."
Report Prepared by; Janice Smdthers (303) 235-2815
Reviewed by: Michael Snow, City Clerk (303) 235-2823
Attachments:
1. Memorandum of Understanding
~
METRO MAYORS
CAUCUS
\VI '''-''''''' "";1'111'.'.'",.' III HI,",,,.,,,,,
TIDS MEMORANDUM OF UNDERSTANDING is made and entered into this 14 day ofNovemher 2006, by and among the local
governments in the Denver Colorado metropolitan area, bodies politic organized under and existing by virtue of the laws of the State
of Colorado.
WHEREAS, the Metro Mayors Caucus has previously adopted strong policy resolutions calling for municipalities to protect and enhance the
quality oflife in the metro area; and
WHEREAS, energy efficiency and conservation provide measurable envirorunental benefits in the Conn of reduced pollutant emissions and
decreased consumption off mite energy resources while offering the ~....v"_':'J for substantial cost savings to local governments, industry and
taxpayers and creating high quality local jobs and boosting local economic development; and
WHEREAS, through application of best practices and available technology, the United Slates can produce the same amount of gross domestic
product as currently produced, using significantly less energy and without lowering our current quality oflife; and
WHEREAS, the Metro Denver Economic Development Corporation identifies energy efficiency programs as an important opportunity for the
Denver Metro Area to realize substantial economic and environmental benefits and to assume a national leadership position in the area of energy
efficiency; and
WHEREAS, in November 2004, Colorado's voters voiced solid support f(}r reducing Colorado's dependency on non.renewable energy sources by
passing Amendment 37; and
WHEREAS, local governments are in a unique position to provide conswner education and access to information and other resources which are
crucial fll"St steps in attaining the economic and environmental benefits of increased energy efficiency, as well as preserving and enhancing our
qualityoflife;
NOW, THEREFORE, BE IT RESOLVED that the undersigned mayors (hereinafter referred to as we) endorse and uphold the principles of
stewardship and our fiduciary responsibilities. To further these principles, we intend to take voluntary actions, individually or collectively. Such
actions may include, but are not limited to, the following:
1. To Improve Our Municipal Operations.._
a. Assessing energy efficiency opportunities in municipal operations and in the community, setting energy efficiency targets and creating an
action plan;
b. Retrofitting municipal facilities with energy efficient technologies and urging employees to practice energy conservation;
c. Purchasing Energy Star equipment and appliances for municipal use, and encouraging our citizens to do the same;
d. Evaluating opportunities to increase pwnp efficiency in water and wastewater systems and recovering wastewater treatment methane for
energy production;
e. Recovering landfill methane for energy production;
f. Increasing precycling and recycling rates in municipal operations and in the community;
g. IncOIporating energy efficiency in municipal operations wherever feasible and cost effective, including but not limited to the following:
(a) in the retrofit of existing buildings, include improvements in design, lighting, and heating/cooling systems; (b) replacement of
traditional street lighting and traffic signals with more efficient light flXtures and traffic signal synchronization; (c) incorporation of energy
efficiency features in new government buildings;
h. Implementing alternatives wherever feasible and cost effective, that will reduce fuel consumption in municipal operations, including but
not limited to the following: increasing average fuel economy of municipal fleet vehicles; launching an employee education program,
including anti-idling messages; converting diesel vehicles to alternate fuels; and exploring early adoption of emerging technologies such
as plug.in hybrids and alternatively fueled vehicles.
2. To Educote Our Citizens...
a. Leading or assisting citizen, school, institutional, professional, business and industry educational campaigns about the benefits of energy
efficiency and conservation;
b. Facilitating dissemination of infonnation on the availability and cost.effectiveness of energy efficient products and services, and how
businesses and individuals may participate in energy efficiency programs;
c. Coordinating programs and services that connect individuals and businesses to energy efficiency resources at the national, state and local
levels;
d. Promoting alternative transportation options such as walking and cycling, and use of transit;
3. To CoUahoTllte with Others...
a. Working with agencies such as the Regional Transportation District and the Denver Regional Council ofGovemments to promote
commuter trip reduction programs, and incentives for car pooling and use of transit;
b. Working with others to establish educational programs, websites and other methods for providing information on energy efficiency, pennit
requirements, incentives, rebates and services;
AI I ACHMENT 1
c. Encouraging government agencies, utilities, developers and others to implement programs that offer opportunities and incentives for the
efficient use of energy, such as (a) efficient lighting, (b) energy-saving design and construction of new buildings and homes, (c) analysis
and renovation of existing buildings and homes to optimize .....::w.__.w_ and reduce energy requirements, and (d) replacement on an as-
needed basis of energy inefficient equipment and lighting;
d. Encouraging utilities to establish rate structures and incentives that encourage energy efficiency;
e. Working in cooperation with other jurisdictions to promote the concept of sustain ability in multi-jurisdictional projects and initiatives;
4. To Establish Programs and Policies...
a. Making energy efficiency a priority within the community through building code improvements;
b. Supporting the use ofwaste-t<H:Jlergy technology;
c. Providing free or low-cost services, such as free lighting assessment or design assistance for individuals or small businesses;
d. Promoting the use oflife-cycle cost analysis in development and landscaping practices, including mitigating market impediments;
e. Promoting sustainable residential, commercial and industrial building practices using recognized standards and certification programs;
f. Amending regulations, fee structures, permitting procedures and planning de\:isions to promote energy efficient technologies and
standards;
g. Supporting efforts to pass or strengthen legislation that (1) promotes energy efficiency and conservation, and (2) provides incentives for
investment in efficient and clean energy technologies.
Execution in Counterpilrts. This Agreement lOay be executed in countetpartS, each of which shall be effective and which together shall constitute
one and the same instrument
Signed. onN...,..-..:..:....~ 14,2006
Ken Fellman, Mayor of Arvada
Edward J. Tauer, Mayor of Aurora
Sue F. Horn, Mayor of Bennett
Mark R. Ruzzin, Mayor of Boulder
Richard D. Pilgrim. Mayor of Bow Mar
Janice E. Pawlowski, Mayor of Brighton
Karen Stuart, Mayor of Broomfield
Randy Reed, Mayor of Castle Rock
Randolph E. Pye, Mayor of Centennial
Michael J. Wozniak, Mayor of Cherry Hills Village
Sean Ford, Mayor of Commerce City (approved-not executed)
Wade Carlson, Mayor ofDacono
John W. Hickenlooper, Mayor of Denver
Ronalda Goodner, Mayor ofEdgewater
Olga Wolosyn. Mayor of Englewood (approved 1'101 execuled)
Andrew J. Moore, Mayor of Erie
Dale Sparks, Mayor of Federal Heights (approved not ex<<uted)
Mike Simone, Mayor of Firestone
Stephen J. Sullivan, Mayor ofFoxfield
Eric E. Doering, Mayor of Frederick
Lany Harte, Mayor of Glendale
Charles J. Baroch, Mayor of Golden
Nancy N. SbaJpe, Mayor of Greenwood Village
Christopher J. Berry, Mayor of Lafayette
Stephen A. Burkholder, Mayor ofLakewood
James A Taylor, Mayor of Littleton
JohnR. O'Boyle, Jr., Mayor of Lone Tree
Julia Pirnack, Mayor ofLongmont (approved-nor executed)
Charles L. Sisko Mayor of Louisville
Allen Williams, Mayor of Morrison (approved - not executed)
Kathleen M. Novak, MayorofNortbglenn
David Casiano, Mayor ofparker
Mary L. Carter, Mayor of Sheridan
Andrew Muckle, Mayor of Superior
Noel I. Busck, Mayor ofThomton
Nancy McNally, Mayor of Westminster
Jerry DiTullio, Mayor of Wheat Ridge (approved-not executed)
2
ITEM NO:
2,
REQUEST FOR CITY COUNCIL ACTION
tt"."'-~,.
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~:/ ,<)5-
.,..,,~
COUNCIL MEETING DATE:
June 11,2007
TITLE:
COUNCIL BILL 06-2007, AN ORDINANCE REPEALING AND RE-
ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO SIGN CODE
IZI PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date: May 14, 2007)
IZI ORDINANCES FOR 2ND READING
Quasi-Judicial: D IZI
Yes No
A dJIL
Community Development Director
City~~
EXECUTIVE SUMMARY:.
The existing sign code was adopted as a part of the overall zoning code rewrite in 200 I. The
Community Development Department has been working on revisions to the sign code since 2003.
Attached is the ordinance repealing and re-enacting Article VII of Chapter 26.
The maior changes proposed are:
1. Incorporation of charts for the Residential, Agriculture and Public Facilities Districts and
Commercial, Industrial and Mixed Use districts to be more "user friendly". The charts
include provisions for permitted signs, prohibited signs, signs exempt from permitting and
specifications for size, height, number and setbacks.
2. Definitions have been added or modified.
3. New categories have been added including "rooms for rent" signs, menu reader board
signs, canopy signs and changeable copy signs.
4. Other categories have been modified including the reduction of the amount of door and
window signs allowed, reduction of setbacks for portable signs and projecting signs and
modification of banner allowances.
5. Performance standards have been added which deal with lighting, sight distance and
maintenance of signs.
Adoption of this ordinance implements Council's goal of creating a strong partnership with the
community.
COMMISSION/BOARD RECOMMENDA nON:
The Planning Commission's public hearings on this ordinance occurred on October 7, 2004 and
January 20,2005.
STATEMENT OF THE ISSUES:
Please note that the ordinance has been prepared to repeal and re-enact Article VII, Sections 26-701
through 26-710. This does not lend to doing bold and strike-throughs to show the changes. Changes
proposed are designated with red-colored typeface.
The changes proposed are intended to provide more flexibility for business owners while
protecting the visual appearance of the City's commercial areas. Provisions have been included to
negate impacts to adjacent residential properties.
At the last study session with City Council on this topic (April 2, 2007), consensus was given on the
following items:
1. Increasing the time allowance for inflatables from one 30-day period (or two IS-day
periods) to one 60-day period (or two 30-day periods or four IS-day periods).
2. Keeping the existing regulations relative to non-conforming signs as amended by City
Council last year.
Another item of concern which was not addressed at the study session is the issue of portable signs.
Under current regulations, a multi-tenant building can have a maximum oftwo portable signs set out
near the street. This means that if there are more than two tenants in a building, the first two tenants to
receive permits would meet the maximum. Business owners who cannot be issued sign permits for
portables have complained that this regulation is inequitable. However, staffhas concern about how
loosening this standard would visually impact our commercial corridors.
Staff has also included a provision that lighted signs be turned off one hour after the business which
they are advertising is closed. The allowance for Master Sign Plans has been included back in the
legislation.
Subsequent to the first reading, written correspondence was submitted by Torn Abbott with
commentary on the proposed regulations. Staff has the following comments relative to his
correspondence.
1. The sign code does not prohibit someone from displaying "art" on their business property,
Murals are also allowed so long as they do not directly advertise the business in the
building where they are painted. The mural on the west side ofthe Valente's Restaurant
building is not considered a sign as it depicts an Italian countryside scene, not a restaurant
serving Italian cuisine.
2
2. Icon type signage is permitted but the square footage is counted toward the sign square
footage allowances.
3. The current regulations for banners is vague as to when they can be put up and for how
long they can be had. Banners have been addressed per staff s recommendation that each
business is allowed one at any time. The size permitted is one-half of the wall signage
allowance.
4. Home occupation signs are proposed to be permitted on arterial streets in the city.
5, Either moving signs can be allowed or not at all. Selective allowances for moving or
flashing signs would be hard to administer and enforce.
6. Most city-sponsored signage is related to traffic control. Staff concludes that Public
Works has rationale for the need for traffic control signage relating to the health, safety and
welfare of the traveling public.
An open house regarding the sign code was held on June 5, 2007.
ALTERNATIVES CONSIDERED:
1. Do not approve the proposed legislation.
2. ModifY existing proposed legislation.
,FINANCIAL IMPACT:
There is no direct financial impact to the City as a result of adopting this ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill 02-2007 on second reading, and that it take effect 15 days after
final publication."
Or,
"I move to table indefinitely Council Bill 02-2007, and thereby deny Case No. ZOA-03-18, an
ordinance amending Chapter 26 concerning the development review process."
Report Prepared by: Meredith Reckert
Reviewed by: Alan White
Attachments:
L Council Bill 06-2007
2. October 7, 2004 Planning Commission minutes
3. January 20,2005 Planning Commission minutes
4. Abbott letter dated April 1 , 2007
3
-INTRODUCED BY COUNCIL MEMBER SCHULZ
Council Bill No. 06-2007
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE REPEALING AND RE-ENACTING
ARTICLE VII OF CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO SIGN CODE
WHEREAS, the City of Wheat Ridge has adopted regulations pertaining to the
regulation of signs;
WHEREAS, the City has identified changes which will improve the readability
and understanding of the sign code;
WHEREAS, commercial signage is prominently displayed along the city's most
traveled streets;
WHEREAS, the City of Wheat Ridge is concerned about the negative affects of
exterior lighting and its affects on adjacent properties;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section 1. Article VII of Chapter 26, Sections 26-701 through 26-710, of the
Wheat Ridge Code of Laws is hereby
repealed and reenacted as follows:
Section 26-701. Intent and purpose.
The intent and purpose of this article is:
A. To protect the public from signs which are structurally unsafe;
B. To promote traffic safety and the free movement of traffic, and protect the
public from the hazardous conditions which result from signs that obscure or
distract the vision of motorists, bicyclists and pedestrians;
C. To facilitate easy, safe and pleasant communication between people and
their surroundings;
D. To conserve the character and economic value of buildings and
neighborhoods;
ATTACHMENT 1
1
E. To provide a balance between legitimate identification and advertising needs
and the visual discord which signs sometimes cause, and to provide a sense of
balance or proportion between a sign and the building or property which it serves;
F. To encourage the erection of signs which are legible in their surroundings,
compatible with the visual character of the surrounding area, appropriate to the
activities identified; and
G. To ensure that adequate and effective advertising signage opportunities exist
within a regulatory framework which protects the constitutionally guaranteed
right of free speech.
H. It is not the intent ofthese regulations to prohibit or unreasonably regulate
or to require permits for the legitimate display of traditional holiday season
decorations; provided, however, that such decorations or displays are installed and
maintained in a safe manner.
Section 26-702. Definitions.
For the purposes ofthis article, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize
motion, implied or actual, in a horizontal or vertical plane or both. The only animated
type of signs that are permitted are "barber pole" signs.
Arcade sign. Any sign projecting beneath and attached to the underside of any
balcony, canopy, awning or other structural overhang or passageway.
Artistic mural or sculpture. A freestanding statue or sculpture or a graphic
illustration or design, or an architectural design or relief applied directly to or
incorporated within a wall of a building, which does not advertise or promote a particular
business, service or "branded" product.
Awning. A movable shelter supported entirely from the exterior wall of a building
and/or a type which can be retracted against the face of the supporting building.
Banner. A sign or advertising display constructed of cloth, canvas, fabric or
other light material that is mounted with no enclosing framework intended to be
displayed for a short period oftime.
Billboard. Any sign in excess of fifty (50) square feet in size oriented to the
interstate highway utilized to advertise a product or service that is not produced or
conducted on the same property as the sign.
2
Building front. The exterior walles) of a building facing a public street or streets
or other public right-of-way other than alleys, or one (1) exterior wall containing the
primary entrance to the building if not directly facing upon a public street.
Canopy. A roof-like structure serving the purpose of protecting vehicles and/or
pedestrians and which may be freestanding or attached to a building, is provided with
supports, and is open on three (3) sides if attached and on all sides if freestanding.
Changeable copy sign. A sign, either illuminated or nonilluminated, which is
designed so that the message or any part of the message may be periodically changed,
either mechanically or electronically, however, where a change in message occurs no
sooner than every fifteen (15) seconds.
Development. A single lot, parcel or tract ofland or portions or combinations of
lots, parcels or tracts ofland which are held in single or common ownership and which
exist as a distinct functional entity. Multi-use and multi-tenant buildings and multiple
building complexes which are held in singular or common ownership, either by
individual, corporation, partnership or other legally recognized entity, shall be considered
a "development" for the purpose of signage.
Erect. To build, construct, attach, hang, place, suspend, affix, relocate or
reconstruct any sign or sign-supporting structure,
Flashing sign: A sign that is illuminated with intermittent lighting, animated
lighting or with varying intensities of light at intervals of fifteen (15) seconds or less,
including a moving light or lights.
Freestanding sign. A sign that is permanent and self-supporting, being
nondependent on support from a building or other structure, including signs placed upon
fences or nonsupporting walls.
Illuminated sign. A sign that is illuminated with constant intensities of light of a
non-varying nature. There are three (3) types of illuminated lights as follows:
(a) Direct. Lighting by means of an unshielded light source which is effectively
visible as a part of the sign. Neon lighting is considered direct lighting.
(b) Indirect. Lighting which illuminates the front of a sign or the entire building
facade upon which the sign is displayed, the source of the light being shielded from
public view and from surrounding properties. Indirect illumination does not include
lighting which is primarily used for purposes other than sign illumination, such as
parking lot lighting.
(c) Internal. Lighting by means of a light source which is within a sign having a
translucent background and which silhouettes opaque letters or designs, or lighting within
3
or behind letters or designs which are themselves made of translucent or opaque material.
Informational sign. A freestanding or wall-type sign, not located within public
street right-of-way, which gives necessary direction or non-advertising information to
motor vehicle operators or pedestrians, such as entrance, exit, parking limitations or
location of onsite buildings or facilities. A company logo or name no larger than one (1)
square foot may be included on each such permitted sign.
Lot. A tract, building site, parcel or portion of land separated from other parcels
or portions by description, as on a subdivision plat of record or survey map or by metes
and bounds, for the purpose of sale, lease or use.
Major interior drive. A drive aisle located on private property which connects two
(2) public streets or provides access to two (2) or more parcels ofland or developments.
Nonconforming sign. A sign which does not conform with the regulations set
forth in this article, but which did meet the requirements of the regulations existing at the
date of its erection.
Off-premises sign. Any sign, fifty (50) square feet or smaller, which advertises or
directs attention to a business, commodity, service or activity conducted, sold or offered
elsewhere other than on the property which the sign is located. Public and semi-public
signs are not considered off-premises signs.
Painted sign. A sign that is painted directly onto the exterior surface of a building,
wall or structure.
Political sign. A noncommercial sign, which is exempt from permit requirements,
erected or placed so as to advertise, announce, declare or state a political message,
whether relating to a political campaign or election or any other issue of public concern
which is protected by the First Amendment right of free speech.
Portable sign. Any sign which is supported by one (1) or more uprights or braces
upon the ground and which is of portable design.
Projecting sign. A sign which is affixed to any building, wall or structure and
which extends beyond the building wall more than fifteen (15) inches.
Public sign, A sign that is required by federal, state or local law or ordinance
necessary for public information.
Revolving sign. A sign utilizing an axis point to pivot the sign surface.
Roof sign. A sign erected, constructed and maintained above the eaves and
attached to the roof of a building.
4
Semipublic sign. A sign giving information as to church location, educational
institutions or service club locations.
Sign. Any object or device or part thereof situated outdoors or indoors, viewed
from outdoors by the general public, and which object or device or the effect produced
thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct,
direct or attract attention by means including, but not limited to, words, letters, figures,
designs, fixtures, colors, motion, illumination, sound or projecting images.
Sign permit. A building permit issued for the erection, construction, enlargement,
alteration, repair, relocation, improvement, removal, conversion or demolition of any sign
issued pursuant to the building code of the city or this sign code.
Sign structure. Any supports, uprights, braces or framework of a sign which does
not include any portion of the sign message.
Street frontage. For the purpose of signage, frontage upon a street is obtained by
ownership, easement or leasehold only ifused for vehicular access to the property, or if
not used for vehicular access, only if such street frontage is at least fifty (50) feet in
width. Where the regulations allow "one sign per street frontage," the intent is that the
sign allowed is placed upon or facing the street, unless specifically otherwise permitted.
Surface area of sign. The total area enclosed by the shortest line that can be drawn
around the entire sign, including any architectural embellislunent or background material
or color forming an integral part of the display and used to differentiate the sign from its
surroundings. Sign support structures which do not bear advertising material shall be
excluded in computation of sign area. Signs without backing (i.e., freestanding,
projecting, A-frame or pedestal signs) are allowed the maximum square footage for each
side for double-faced signs; however, signs having more than two (2) sides or faces shall
not exceed the total face area allowed for a double-faced sign.
Temporary sign. Any sign, banner, pennant, valance or other outdoor advertising
sign constructed oflight fabric, cardboard, wallboard, plywood, sheet metal, paper or
other light materials, with or without a frame, intended or designed to be displayed for a
limited period of time.
Traffic and regulatory signs. Signs, signals or markings placed or erected by
federal, state or local authority for the purpose of regulating, waming or guiding traffic.
Unlawful sign. Any sign or outdoor advertising device erected in the absence of a
permit required by this article, or in violation of any of the limitations, prohibitions or
requirements of this article.
Unsafe sign. Any sign or advertising structure found unsafe or insecure or
creating a hazard or menace to the public safety, health and welfare.
5
Wall sign. A sign constructed of durable materials or painted and which is
permanently affixed to an exterior surface of any building, wall or structure and which
does not extend more than fifteen (15) inches beyond the building wall, except that
signage placed upon marquees, canopies or awnings shall be considered as wall signs.
Section 26-703. Enforcement and penalties.
Enforcement and penalties shall be in accordance with those provisions set forth
in article X. In addition to any remedies set forth in section 26-1004 et seq., specific
authority is granted to the enforcement officer to remove, or have removed, the following
signs after posting of a notice at least twenty-four (24) hours prior to removal upon the
premises where such sign(s) is located:
A. Signs which are prohibited pursuant to the residential/agriculture/public
facilities and commercial/industrial/mixed use sign standard charts.
B. Unsafe signs.
Section 26-704. Contractor's license required.
A. No person shall engage in the business of installing, altering or repairing any
sign within the corporate limits of the city unless he is the holder of a currently valid, city
sign contractor's license, except for those signs exempt from permit.
B. The city shall have the power to suspend or revoke the license of any holder
of a sign license issued pursuant to this article, in accordance with the provisions as set
forth in the building code. (See chapter 5 of this Code of Laws for related provisions.)
Section 26-705. Permit required.
A. No sign or modification to an existing sign shall be erected, placed or
displayed outdoors within the city limits until a permit for such sign has been issued by
the city, unless such sign is exempt from a permit in accordance with this sign code.
B. An application, accompanied by a " to scale" drawing, for each separate sign
permit shall be made to the department of community development on a form supplied by
the department. Such applications shall set forth the name and address of the applicant;
the location where such sign is to be erected or located; the name, phone number and
address ofthe owner of the property; the size, height, type and general description of
such proposed sign, including the materials of which it is constructed, the sign
contractor's name, phone number and address and such other pertinent information
required or deemed necessary by the department to determine the sign's safety and
conformance to this article. A "to scale" plot plan of the lot or parcel shall accompany the
application and shall show the location of the proposed sign and the location, type and
size of other signs which exist upon the lot. The mere application for a sign permit does
6
not assure that a permit will be issued; therefore, it is advised that signs not be fabricated,
constructed or purchased prior to issuance of a sign permit.
C. Fees for the erection of signs shall be established and set forth in
Appendix A. Permit fees and city use tax will be waived where a nonconforming sign is
removed and replaced by a sign conforming with these regulations.
Section 26-706. Non-conforming signs.
A. Nonconforming signs. A lawful sign existing on the effective date of the
ordinance from which this article is derived may be continued, although such sign does
not conform to the provisions of this article, subject to the following provisions:
1. Relocation, or replacement of a nonconforming sign is not permitted unless
such sign is brought into conformance with this article. Enlargement or extension of a
nonconforming sign is permitted so long as the nonconformity is not increased.
Rebuilding or reconstructing a nonconforming sign is permitted only if the rebuilding or
reconstruction is limited to installing a new sign cabinet on an existing support structure.
Installing a new sign cabinet together with a new support structure shall constitute
replacement of the nonconforming sign and shall require conformance with this article.
2. In the event the use of a nonconforming sign is discontinued for a period of
sixty (60) consecutive days, the nonconforming sign shall thereafter conform to the
provisions of the zoning district in which it is located or be removed. For the purpose of
this section, the term "discontinued" shall apply to uses which customarily operate on a
continuous basis versus a seasonal basis. Seasonal uses shall be subject to a twelve-month
period of nonuse prior to requiring full compliance with these regulations.
3. A nonconforming sign that is destroyed or damaged more than fifty (50)
percent of its net worth due to natural causes may not be reconstructed except in
accordance with the provisions of this article; however, any sign destroyed or damaged to
any extent by vandalism may be rebuilt to its original state within six (6) months or
otherwise it must be reconstructed in conformance with this article.
4. Normal maintenance which does not require modification of the sign structure,
supports or members shall be permitted. A face change is considered normal
maintenance.
5. In order to provide an incentive for removal of nonconforming signs, permit
fees and city use tax will be waived where a nonconforming sign is removed and replaced
by a sign conforming with these regulations.
B. Discontinued business, etc. Whenever a use ofland and/or building using an
identification sign is discontinued, except for seasonal uses pursuant to subsection A.2.,
above, the sign shall be removed or obscured by the person owning the property within
thirty (30) days after the discontinuance of such use. Any such sign which is
7
nonconforming to these regulations and which is not used to advertise an active business
within sixty (60) days of discontinuance shall be removed or otherwise brought into
compliance.
Section. 26-707. General provisions/performance standards.
A. Sight distance triangle
1. No sign is allowed which would violate the sight distance triangle
requirements of section 26-603B.
2. At signalized intersections, where both streets are collectors and/or
arterial, the required sight distance shall be governed by the standards set forth in the
most current edition of the policy on geometric design of highways and streets, published
by the American Association State Highway and Transportation Officials (AASHTO).
B. Location of signs
I. All signs allowed by this article, except billboards, public signs, and
semipublic signs shall be located on the lot which they advertise.
C. Streets and rights-of-way
1. No sign shall be erected in such a location as to interfere with motor
vehicle or pedestrian traffic.
2. No sign is allowed in the public right-of-way, with the exception of signs
on bus benches and shelters pursuant to article IV of chapter 21, and public, semi-public,
traffic and regulatory signs.
3. No sign is allowed which may be construed as a traffic sign or signal or
which may be confusing to motorists or mistaken as a traffic signal.
4. Where it is difficult to determine the pubic right-of-way boundary due to
lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be
presumed to be ten (10) feet from the edge of pavement or back of curb. Where a
sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside edge
of sidewalk.
5. Attachment of any sign to utility poles or other poles or structures within
public right-of-way is prohibited, except as approved by City Council pursuant to this
article.
6. Temporary signs found by an enforcement officer to be located within city
right-of-way or in violation of sight triangle requirements shall be removed by such
enforcement officer with no requirement of notice.
8
D. Interference
1. No sign is allowed which employs a lighting or control mechanism which
causes radio, radar, cellular telephone or television ink":","uce.
2. No sign is allowed which, even though in general conformance with the
standards and requirements of this sign code, is judged by the chief of police and public
works director as a dangerous sign due to interference with a traffic control device by
being in direct line between the control device and oncoming traffic or otherwise in
visual competition with a traffic control device.
E. Compliance with building codes
1. No sign shall be erected, constructed or maintained which obstructs or is
attached to any fire escape, window, door or opening used as a means of egress or ingress
or for frrefighting purposes, or is placed which interferes with any opening required for
light or ventilation.
2. No sign is permitted which is structurally unsafe as determined by the chief
building official, based upon criteria established in the adopted building codes.
3. The design of all sign structure members and foundation shall conform to
the requirements of the building code relative to allowable stresses, materials and
engineering standards. Loads, both vertical and horizontal, shall not produce stresses
exceeding those specified in the building code, and material construction shall be ofthe
quality and grade required by the building code. All signs and structures shall be
designed and constructed to meet the adopted building and electrical codes.
F. Outside display
1. Notwithstanding the provisions of Section 26-631, any merchandise dis-
played outside of a building in such a way as to attract attention when viewed by the
general public by placement upon a pole, a fence, a platform, roof or other similar device
or structure shall be considered a sign and is prohibited. This shall not, however, be
construed to prohibit merchandise customarily stored outside of buildings and placed
upon shelves or tables, such as automobiles, campers, boats, plant materials, produce or
lumber.
G. Illumination
1. All illuminated signage shall comply with Section 26-503 of the zoning and
development code.
2. Signs within one hundred (100) feet of a residential structure, may be
lighted indirectly or internally.
9
3. Signs over one hundred (100) feet from a residential structure, may use
any type oflighting source, except search or flashing lights, provided that they are
shaded, shielded or directed so that the light shall not adversely affect surrounding
premises or interfere with safe vision on public or private roadways, including highways.
4. All direct and indirect lighting sources shall be downcast to reduce glare,
skyglow and light pollution.
5. Internally lighted signs with white or light-colored backgrounds, with or
without sign copy are prohibited,
6. All lighted signs shall be turned off one-hour after the business which
they are advertising is closed.
H. Maintenance
1. Any sign, including temporary signs, that becomes discolored, ragged,
shredded, detached, etc., shall be removed or repaired.
J. Removal or reconstruction of dangerous signs.
1. All signs which are prohibited shall conform to the provisions of this
article either by removal or reconstruction, whichever applies, within sixty (60) days after
the owner of such sign is notified of the violation.
Section 26-708. Miscellaneous provisions.
A. Building addresses
1. House or building address number signs shall be consistent with Section
26-419 C. - E. of the zoning and development code.
B. Signs located on bus benches and bus stop shelters.
1. Signs located on bus benches shall be in conformance with Code of Laws,
Article IV, Section 21-124.
2. Signs located on a bus stop shelter shall be in conformance with Code of
Laws, Article IV, Section 21-151. Such signs shall be limited to two (2) faces per shelter
for commercial advertising purposes with a maximum of twenty-four (24) square feet per
face.
C. Freestanding signs - Commercial, Industrial and Mixed Use zone districts
10
1. Where two (2) freestanding signs are permitted by virtue of multiple street
frontage, each permitted sign shall be allowed to have the maximum square footage
allowed based on the formulas shown in Section 26-708.C.5. In addition, the sign area
allowed may be transferred from one (1) sign to another; provided, that no freestanding
sign shall exceed four hundred (400) square feet in area.
2. Where multiple signs are permitted because of multiple street frontage, the
signs may be erected on the same street frontage.
3. For double-faced signs, each sign face can have the maximum square
footage allowed.
4. Landscaping requirement: For new development or total redevelopment, all
freestanding signs shall be placed within landscaped areas.
5. Maximum sign area: Based upon the following table:
Maximum Sign Area (Square Feet = s.f.)*
TABLE INSET:
Floor Area of Building
Single Use Development
Multiple Use
Development
0--1,500 s.f.
35 s.f.
60 s.f.
1,501--5,000 s.f.
35 s.f. plus 1 s.f. per each
additional 50 s.f. of
floor area over 1,501.
60 s.f. plus 1 s.f. per
each additional 40 s.f.
of floor area over
1,501.
5,001--50,000 s.f.
100 s.f. plus 1 s.f. per each
additional 500 s.f. of
floor area over 5,001.
50 s.f. of
150 s.f. plus 1 s.f. per
each 300 s.f. of floor
area over 5,001.
Over 50,001 s.f.
190 s.f. plus 1 s.f. per each
additional I ,000 s.f. of
floor area over 50,001
up to a maximum size of 300 s.f.
300 s.f. plus 1 s.f. per
each additional 1 ,000
s.f. of floor area over
50,001 up to a
maximum size of 400
s.f.
11
*In computing allowable sign size, only the footprint of the structure can be used. The
floor area of gas station and drive-thru canopies cannot be applied toward the
freestanding sign allowance.
D.
districts
Freestanding signs - Residential, Agriculture and Public Facilities zone
1. Where two (2) freestanding signs are permitted by virtue of multiple street
frontage, each permitted sign shall be allowed to have the maximum square footage
allowed, as defined in Section 26-708.C.5.
2. Where multiple signs are permitted because of multiple street frontage, the
signs may be erected on the same street frontage.
3. For double-faced signs, each sign face can have the maximum square
footage allowed.
4. Landscaping requirement: For new development or total redevelopment, all
freestanding signs shall be placed within landscaped areas.
E. Master Sign Plan
1. The planning commission may approve a master sign plan for any existing or
proposed commercial or industrial development of at least two (2) acres or more in size
which is under unified control either by ownership, legal association or leasehold.
2. The intent and purpose is to encourage well-planned and designed signage
within a large multiple building or multiple use complex which expresses unification and
integration by elements of architectural style, size, color, placement and lighting while at
the same time allowing for reasonable individual business identification. An additional
purpose is to encourage the elimination of existing nonconforming signs. The planning
commission may grant as a bonus for well-designed plans additional signs and/or up to a
fifty (50) percent increase in maximum square footage for each sign, and/or may permit
signs in locations other than normally permitted, based upon a finding that the proposed
master sign plan substantially meets the intent and purpose of this subsection relating to
unification and integration of signage.
3. Once approved at a public hearing by planning commission, all master sign
plans shall be recorded with the Jefferson County Recorder's office and shall constitute a
covenant and must be complied with by all owners, proprietors, lessees or assigns,
whether current or future. No substantial variation from the plan shall be permitted
without planning commission approval. Noticing requirements for a master sign plan
process shall follow the procedures outlined in Section 26-109.
12
Section 26-709. Residential, Agricnlture and Pnblic Facilities zone districts sign
standards chart.
SEE CHART NO.1
Section 26-710. Commercial, Industrial and Mixed Use zone districts sign standards
chart.
SEE CHART NO.2
Section 2. Safetv Clause. The City of Wheat Ridge hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of Wheat
Ridge, that it is promulgated for the health, safety, and welfare ofthe public and that this
ordinance is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the ordinance bears a
rational relation to the proper legislative object sought to be attained.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning
code or the application thereof to any person or circumstances shall for any reason be adjusted by
a court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 4. Suoersession Clause. If any provision, requirements or standard
established by this Ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this Ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 5. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o in this 14th day of May ,2007, ordered published in full in a newspaper
of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for June 11 .2007, at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to . this day of . 2007,
13
SIGNED by the Mayor on this
ATTEST:
Michael Snow, City Clerk
1ST bl' .
pu lcatlOn: May 17. 2007
2nd publication: '
Wheat Ridge Transcript
Effective Date:
day of
JERRY DITULLIO, MAYOR
,2007.
APPROVED AS TO FORM BY CITY ATTORNEY
GERAJDDAHL, CITY ATTORNEY
14
CHART 1 I Section 26.709
*Note: Sections with recommended changes are shaded in red.
TABLE 1. SIGN STANDAIWS li'; ;:U:;illENTIAL, AGRICULTURAL, AND PUBLIC FACILITIES ZONES
(R-l, R-IA, R-lB, R-IC, '1.-2, R-2A, R-J R-3A, A-I, A ~,PF)
TYPE OF SIGN ALWWED .. PERMIT> l\1A,XIM:Ul\i !lIZE AND
REQUIRED HEIGHT PER SIGN
1. Animated
2, Arcade
3. Canopy
4. Changeable Copy
S. Freestanding
6. Off-Premises Signs
7, Portable
8. Projecting
MAXIMUM'
NUMBER
MINIMUM
SETBACK
OTHER REQUIREMENTS
No
NO
No
Yes
Yes
Maximum of 32 square feet per
sign. Maximum beight 7 feet for
all residential zones.
Yes
Yes
~{mdamm sign area is 2 SllHBf6
feet fer sash 1,Q9(j SE(HaFfl feet af
Iel-a<ea. Maximum of32 square
feet per sign. ~4"J:mi'R'lllm. Rei~t in
R I, R l!~. ~~ ~~. ~_ ~~,:?_ ~, D_ ~.'\;-
A 1 ana LA.. :2 ElistFiets, €: feet.
Mfui'~-CW:':t'''. :'.~':sfft ::-. ~. ~, "? :;\;
llBd PRD diolfiets, '.vithout
eemmereial uses, 12 feet
M.,dfllllffi haigbt in PIW distFie~
\'tith eemmereialases and far
sSffiffisfeialases anly, 2j' feet.
Maximum height 7 feet for all
residential zones.
No
Yes
Yes
6 square feet per side per sign.
No
Residenlial/AgriculluraJ/PF Zones Sign Chart
1 per street
frontage, but
no more than
2 par
development
1 per street
frontage
I per street
frontage, but no
more than 2 per
development.
5 feet from any
property line
~5 feet from
any property line
Must be setback a
minimum of +G-feet:
5 feet from any
street right-of-way
line if""", 36 inches
or 2 feet iflHl<lef 36
inches or less in
height.
The time lapse between the change in
information shall not be less than 15 seconds.
Not permitted for residential uses.
Not permitted for single family and two-
family dwellings.
Permitted only for public and semi-public signs
and biiiboards.
Not permitted for single family and two-family
dwellings. A-frame or pedestal s~le only.
Must be anchored to the ground or weighted
sufficiently to prevent movement by wind.
Must only be displayed during normal hours
of operation. May be located on a sidewalk
provided that adequate clearance exists to
meet ADA requirements. Must be displayed
only on the premise being advertised.
1
TYPE OF SIGN
9. Public and Semi-
Public Signs
10. Residential
Subdivision
Identification Signs
11. Temporary
Subcatel!ories:
a. Bal/oons or other Yes
inflatable devices
b. Banners Yes
ALLOWED PERMIT MAXIMUM SIZE AND
REQUIRED, HEIGHT PER SIGN
Yes
6 square feet per sign
Yes
Yes
Yes
Not to exceed 20 square feet in
area or 6 feet in height.
Yes
Balloons and reqnired tethers
cannot exceed a height of 35'
measured from existing grade.
No
Total size for any single or
combined banners affIxed to a
wall based on one half (112) the
allowance for wall signs. If am",.
ta roRse, s~e is the same as if it
...~_ ~......~~1.._..l .._ ..1._ _____A..
aajaeeRt 'sailElieg '::all11a~:e street
HeRtag..
Residential/Agricultural/PF Zones Sign Chart
MAXIMUM
NUMBER
MINIMUM
.sETBACK
2 per
organization
or attraction
To be determined
by the Community
Development
Director
1 per street
frontage
Monument-type
signs must be
set back on the
property a
minimum of 10
feet, unless
incorporated into
a traffic island
entrance, then
25 feet back
from face of
street curb and
3 feet from edge
of traffic island.
1 time per year None
for up to ;j() 60
days, or 2 times per
year for up to
# 30 days each
time, or 4 times per
year for up to 15
days each time.
1 per use per N/ A
activity
OTHER REQUIREMENTS
May be located off-premises with approval of
property owner and Community Development
Director. May be located in r~o~w with
approval of Public Works Director.
Monument, fence, or wall-incorporated only.
Fence or wall incorporated type signs may be
placed parallel with and at property line
following the same height and sight distance
requirements as for a wall or fence.
Not permitted for single family and two-
family dwellings. Permitted only to advertise
special events and sales. Shall be securely
anchored or attached so as to prevent
,.t;<;<I......."'..;....."l, entanglement or encr...."'...J..,....""lt
onto adjacent properties or public streets,
or undue hazard to motorists or pedestrians.
Roof-mounting is permitted.
Not permitted for single family and two-
family dwellings. Pe""ill.. en!:>'le ......ftis.
sr.oial eveRt, .... sales. Shall be securely
anchored or attached so as to prevent
dislocation, entanglement or encro"'...'h...."...~
onto adjacent properties or public streets, or
undue hazard to motorists or pedestrians. May
be plaoed upon a building wall but shall not be
attached to fencing, landscaping, freestanding
posts or utility poles. Banners may be placed
2
MAXIMUM
NUMBER
MINIMUM
SETBACK
O:fHERREQUIREMENTS
only on walls facing a public street or major
interior drive.
TYPE OF bIGN
"..... ALLOWEDI'E\.l.MIT MAXIMUM SIZE AND
REQUIRED HEIGHT PER SIGN
c. Construction Signs Yes
No
Shall not exceed 32 square feet.
Shall not exceed &-feel 7 feet in
height.
TemfleFar/ signs as pemiUed unGer seetien
2€ ,09 L. Shall not be illuminated. Must be
located on the property where active
construction work is oeeuring.
1 per street 5 feet
frontage allowed
between the time
a building permit
is issued and a
certificate of
occupancy is
obtained or any
number of signs
which are
necessary for
safety on the
premises.
d. Pennants, streamers Yes
and similar devices
Ves
None
e. Real ;;'.s~ate Signs Yes
No
9 square feet for one and two~
family dwelling residential uses,
50 square feet for maltifomily all
other uses.
f Temporary Model Yes
Home Signs
Yes
Not to exceed 12 square feet each.
Not over 6-feel 7 feet in height if a
freestanding type.
Not permitted for single family and two-
family dwellings. Permitted only to advertise
special events and sales. Shall be securely
anchored or attaChed so as to prevent
dislocation, entanglement, or encroachment
onto adjacent properties or public streets, or
undue hazard to motorists or pedestrians.
1 time per year None
for up to W60
days, or 2 times per
year for up to
~ 30 days each
time, or 4 times per
year for up to 15
days each time.
1 per street
frontage allowed
5 feet
1 per model home 5 feet
Shall not be illuminated. Must be located on
the property being advertised.
1 per street front
or major interior
drive per activity
N/A
Not permitted for single family and two-
family dwellings. For uses which have a rear
entry 01' delivery door, 1 noniUuminated wan
sign per use.
12, Wall or Painted
Yes
No larger than 1 square foot for
every linear foot of the side of the
building to which it is affixed.
Signs affIxed to _elled or
detasheel eaasflies and marquees
or awnings shall be considered
wall signs and shall be calculated
based upon the length of the wall
Yes
ResidentiallAgriculturallPF Zones Sign Chart
3
'TYPE OF SIGN
----', ..;;",;,
13. Miscellaneous
- ~--...
tl. Artisle Murals or Yes
Sculptures
ALLOWE.D PERMIT 'MAXIMUM SIZE AND
,REQU1JU;D HEIGHT PER SIGN <
- io"Wiilch they are attached or
adjacent to, For buildings with
flat roofs, wall signs shall not
extend above the top of parapet
or mansard, and ifplaced upon
a parapet or mansard, shall not
extend more than 3 feet above
the deck line.
". MAXIMUM:, tINIMUM.i~tT. H~...~ REQUIREMEN~...." <
" ,NUMBER. ... SETBACK...., '..,. ,.... ....
~'~ -'-
...;,2..
None
..~
NQlimit
None
b. Barber Shop Pale:; No
c, Flags (city, state, Yes
national only),
placards, """-
badges, insignias, or
similar devices of any
governmental agency
Or civic, charitable,
religiOUS, patriotic,
politica/' fraternal or
similar nonprofit
organization.
d. Flashing Signs and No
Search Lights
e. Historic plaques, Yes
cornerstones, erected
by the city ar
historical agencies
designating an area
ar property of local
historical importance
f. Home OCcU[JI1Iion- Yes, as Yes
Signs Jaccessory to I
No
"-
-
-
No
- -,
Flagpole cannot exceed 35 reet None
in height.
Flagpole must
meet setback
requirements of
the Zone district
in which they are
constructed.
-.
No
Shall'not exceed 3 square reet in
size.
None
~
None
-IMaximum or2 square reet in size.
/1 per home
Occupation
.,
~"- - -J
ShaH not advertise or promote a particular
business, service or "branded". prodUct. A .
company, firm, aSSOciation, society, etc., logo
is not considered within the scope of t~is
definition and is considered a sign.
-
- --
AllOwed when located on their own premises
or displayed along any march or parade route
or in sockets along any street doring a fund.
raising drive or other similar special event
Any such devices to be placed within public
right-or-way may only be approved by city
council.
- ~able proVided that suct; designations
are in accordance with article IX of the Zoning
and Development Code.
ReSidentiallAgricu/turallPF Zones Sign Chart
-. ,- - tanding - May be freestanding or wall mounted. _
,Allowed only on properties located on arterial
., "1\\'I~#\Jr
,N1JM.Bf.ll
TYrf.OV SIGN. ""7r'\ALLO"'f.'P
:r)(llM.I1'~~\)!;lSlfj'..~""'..'.'
'llf.QUIllf.U\l\EIGllT yf.ll SIGN
a residential
,\\Ome
occupation.
iNlp..
[No
g, Youse or building Ncs
address number slgl'lS
iNo
4 s<\u",e feet per side. 11'
freestanding, shall not e"ceed 36
Inches In height 11' within a
,re<\uired sight distance triangle,
or 4& Inches where outside 01' a
sight distance triangle, If an
organ\<lltlon lOgO is IncorpOrated
Into tbe sign, tile logo sban not
e'Sceed 1 square foot \n S\'Z.c.
h, In!ormatiOnal SIgl'IS ,yes
AccessOry to the
Primary Use
l'No
S\>O,II not ""ceed & s<\ua<e fcet In
size pet sign,
I, political Compalgn ,yes
Sigl'lS
2 S'l"",e 1'eet
[No
j. "RoontJor Rent" \Yes
Sign
k. RoofSigl'lS \'No
]>.10 limit
11'10
!. TemPorary \ yes
decorations or
displays when such
are clearly associated
with any national.
local or religiOUS
hOlidaY or celebration
r----"," TrliJJic control or' yes
RegulalOr)' SigllS
~es
... ~Jlehicle
signll/le
o. WinlloW or DoOr \yes
SignS
[NIp..
[No limit
J.jo limit
1 per ~acant
unit
~1Nl\f\\'l:.{""C ,"" \o,.-J:iV.\l.llv,QUJ.l<""u",.
,S\!.tBi\CR
,NIp..
(~one
INOue
~one
None
J.1,o limit
streets.
Must mectthc provisions 01' Chapter ').6,
Article fI/ , Sec, 26-41 9C,
(' "restroolllS" "no smoldng," "wheel Chalr
,.e. ~ . -, (' II' II II t,"
entra1\ce," etc,), or dlrectlon... ..e, .n, Ou
"tlUnp," "(\rive-\lIf\l," etc,)' }l\aJ be wall-
mounted, freestanding nr attached to other
freeStanding signS or canopies, butshal\ no!
,be collllted against the a\\owob\e s.t.< 01'
another tYPe 01' permitted sign. tAaJ be
i\\urninated bJ internal light on\J~
~'
Shan not be located In publie rlg\lt-of-waJ or
on munlC\pOny owned property.
~ust be onthe property {or whl~
ad~ertlslng.
As required bY regulation or statute of the
federa\' state or munlc\pal go~ernU\ent.
i\noWedo~t\Ve
~ehle\eS. Banners or tempOral")' signS
attached to ~ehle\es are not anowed.
,permitted eveo If It Is visoble from outdOOrs.
:rnose signs which adver\i.se tempOrarY uses
such as ru""".ge sales, g",age sales and open
5
Mi\XIMUrd
. 'NUM.BER
,orYPE OJ! SIGN
i\LLO"WED \l'ERIdl'I ' \MAJUM.\JM sI7-E AND
,1tEQUIRED . HEIGH'I pER SIGN
p,Menu gqa,diVrive ,NO
Through DirecWr)'
SignS
1. Order conflrmation\NO
Boards
_ ";nn Chart
MINiM\Jrd
SE'IBACJ.{
otHERREQ\JlREMENl'S ,
6
'N~"_"'W-~~-'~-""" "."
T""T ,. .... """,_ '" C_C>AL. _""",,^"" ,,- "" D" C
(l'lC,RC,C-\,C-2,l) ,." ~ .'., l\iAX\!dU1\'\' "0 !dU'\!dU!d: ',' .,.., " ......, O'f\lER \l.EQU1l\E!dEN'fS -
.. , ,.., ;.I,W",~D l.'ER1\'\l'f" 1\'\, "..,.".~SIZ~A..l'!D .. ;..,..'
n'l.'EO}'S\G~ " "'.,' . REQUIRED llEIGll'fl.'ERSIGN NlJ!dllER' SE'fllACK
1. .j\nimated No 4S'luarefeet~ Iper~ NIA Can e"tend into rigbt-of-way with an appro\'ed
2. Arcade yes yes rigbt-of-way permit.
w.;es, Sball not eJdend abOve the ~ busineSS
bOttOm of ea\'e, balconY, conopy,
awnlug or otner structural
overhaUg or pasSageWay to which
It Is affixed. Min\murn belght 7
feet above street frontage or
sideWall< level.
Yes yes !day use up to 50% of the allowed 1 per street N/A
3.'canopY wall sign allocation for canopies. frontage or major
interior dri.ve
yes !dnst follow the freestanding and 1 per street 5 feet from any '\'be time lapse between the cbange in
4. Cbangeable Copy Yes Information sball not be lesS than \5 secondS.
wall siguage size and heigbt frontage, but propertY line if
regulations. nO more tban freestanding, NIA
2 per if wall slgoage.
development.
Yes Bascd on table In section 26-708. I per street 10 feet wnere For neW development or total redevelopment,
5. Freestonding Yes all new freestOllding signs sttalllle placed
50 feet m",,\mum height allowed frontll\\e, not to edjacent to within londscal'ed arellS. ~ 1. !t..
for retail and service businesses exceed 2 per residentially zoned ,.. .. . ..
within 114 roile from propertY line development, properties; "" "0' "T
of an interstate highway ~ ~ ~ ; '., '
~e. ~ ~
~ .:-~ ~
AnY other perrn\ltOd freestondlng ~. ~
sign shall uot e"ceed IS feet In ~ 5 feet from - '.-
height. street right-of-way "0' " '
\funder 7 feet in '0' , '0'
nelght, 10 feet for ~
signs 7 to ~
IS feet high, and 30
feet for signs over
~ IS feet high,
permitted only for publiC ond semi-public signs
~<"l"u....rnises Signs No
ct4All'f 2' section 26-110
'\
_ ._dOc Sian Chart
TYPE OF SIGN ALLOWED PERMIT MAXIMUM SIZE AND MAXIMUM MINIMUM OTHER REQUIREMENTS
REQUIRED HEIGHT PER SIGN NUMBER SETBACK
and billboards.
7. Portable Yes Yes 6 square feet per side per sign. 1 per street Must be setback a A-frame or pedestal style only, Must be
frontage, but no p1;nin1l1fn of..J..Q....feet achored to the ground or weighted sufficiently
more than 2 per 5 feet from any to prevent movement by wind. Must only be
development. street right-of-way displayed during Donna! hours of operation.
line if e>rer 36 inches May be located on a sidewalk provided that
or 2 feet if lIB<leF 36 adequate clearance exists to meet ADA
inches or less in requirements. Must be displayed only on the
height. premise being advertised.
8. Projecting Yes Yes 1 square foot for each 1 foot of 1 per street May extend into Projecting and wall sign not permissable on
height of the building wall to frontage per the right-of-way same wall. Maximum projection 10 feet-e:n4,
which the sign is to be attached. business with an approved i8 aay eyoal, 8.t ',vithin 19 fe.l.flll. pr.p.Fly
Maximum height, top of wall or right-of-way permit liae SF street Fight sf way.
parapet; not to be roof mounted.
Minimum height, 7 feet from
street frontage or sidewalk.
9, Public and Semi- Yes No 6 square feet per sign 2 per To be determined May be located off-premises with approval of
Public Signs organization by the Community property owner and Community Development
or attraction Development Director. May be located in r-o-w with
Director approval of Public Works Director,
10. D~~;~"'ntial No
Subdivision
Id{"ntifit"l'lti"n Signs
11. Temporary
Suhcatep"ories:
a. Balloons or other "Yes "Yes Balloons and required tethers 1 time per year None Pennitted only to advertise special events and
inflatable devices cannot exceed the maximum for up to;>\) 60 sales. Shall be securely anchored or attached
permitted building height for the days, or 2 times per so as to prevent dislocation, entanglement or
zone district in which they are year for up to encroachment onto adjacent properties or
located measured from existing ." 30 days each public streets, or undue hazard to motorists or
grade. time, or 4 times per pedestrians. Roof mounting is permitted.
year for up to 15
days each time.
b. Banners Yes No Total size for any single or 1 per business N/A Permitt.. .nly t. advertise sp..inl .vonts an.
combined banners affIXed to a or activity saJes,--Shall be securely anchored or attached
wall based on one half (II2) the so as to prevent dislocation, entanglement or
Commercial/Industrial/Mixed Use Zones Sign Chart 2
TYPE OF SIGN
ALLOWED PERMIT" MAXIMUM SIZE AND'
REQUIRED' HEIGHT PER SIGN
allowance for wall signs. If aftiJ,ea
ta roRse, size is the same as if it
c. Construction Signs Yes
d. Pennants, streamers Yes
and similar devices
e. Real Estate Signs Yes
f Temporory Model No
Home Signs
12, Wall or Painted
Yes
v:as attaehea t8 tile nearest
No
Shall not exceed 32 square feet
Shall not exceed 8-fee! 7 feet in
height
Yes
None
No
50 square feet
Yes
No larger than I square foot for
every linear foot of the side of the
building to which it is affixed.
Signs affIXed to attaeheel ar
aetaSRi!a 8anABie~ and marquees
Commercial/Industrial/Mixed Use Zones Sign Chart
MAXIMUM
NUMBER
MINIMUM
SETBACK
I per street 5 feet
frontage allowed
between the time
a building pemit
is issued and a
certificate of
occupancy is
obtained or any
number of signs
which are
necessary for
safety on the
premises.
1 time per year None
for up to 3{) 60
days, or 2 times per
year for up to
M 30 days each
time, or 4 times per
year for up to 15
days each time.
I per street 5 feet
frontage allowed
I per street Nt A
frontage or major
interior drive per
activity
OTHERREQuuu:MENTS
encroachment onto adjacent properties or
public streets, or undue hazard to motorists or
pedestrians, May be placed upon a building
wall but shall not be attached to fencing,
landscaping, freestanding posts or utility poles.
Banners may be placed only on walls facing a
public street or major interior drive.
Teffifl8flU:: s:&""~ M :p.;......:'"Jel liBeler sastian
26 7091.. Shall not be illuminated. Must be
located on the property where active
construction work is occuring.
Permitted only to advertise special events and
sales. Shall be securely anchored or attached
so as to prevent dislocation, entanglement or
encroachment onto adjacent properties or
public streets, or undue hazard to motorists or
pedestrians.
Tem138Far",' signs a:.'-., '.
t'_........~eEl liBeler seetieR
26 709 L. Shall not be illuminated. Must be
located on the property being advertised,
For uses which have a rear entty or delivery
door, 1 non illuminated wall sign per use.
3
M,.",UM\lM, MINIM\lM 01\lE\\\\EQ\lUlEMI"""" .
T'" 0",0' _.... """,T """"O~ .,..'" .. """,,,,. ..",,,,.' . .. .. · .'.
.. ., .,.. . """""", .,.,,,, "" ""..
or awnings shall be considered
wall signs and sball be calculated
based uJ'On the length of the wall
to whicb they arc attached or
adjacent to. For buildings witb
flat roofs, wall signs shall not
extend abOve the to;> of ;>llflljlet
or mansard, and if placed upon
a parapet or mansard, shall not
extend more than 3 feet above
the dec\< line.
,,--- .," ..... ........-,,-...-
."..._MY. .."'" · ~ -.................-'
-- -.........--........
is not eonsidered witbin tbe seOpe of tbls
definition and is eonsidered a sign.
Ni A lVIust be wall mounted.
S P I ' '" --".."'~'" ".-
,,-'" ." .. -"'
~".. .. - ..... - ~~.,;;:;..
",.~y .~ .
\~ -~.
Fla ole must Allowed when located on their own premises
,,"","'.".. Y" .. ~,,,,,..-"-,,,..,.. ,;- .-""'..-......-
M-'''.)''''''- -" ....-."..,--....
. ' .' d . r ot.er sUnilar .-,C\al event.
-""",,,., ~-_. - -'" "-..'
".- _. "...""'" ~ ^""'" -" "'".., -.....
......,.- -- "".,.".., "" '" -"" ~.,
,,,,,M-. -,
similar nonprofit organiZation
e, Flashing Signs and NO
-'- . .
. ... ......."'-...--
f."..'-'~' Y. .. """..-,-""."", · · ,,~..",...-
,~' - .
1 r
4
,y
__ C.\nn Chart
,.,~,...tc~r.".
_.f""" ""('~\~'~~:.:.:'
historiCal agencieS
designating an area
or property of local
historical importance
:-Ves
g. HOJJleOccupation \'Ye., a'
SigllS accessory to
aresidcnt\a\
home
otCu'Qat\on.
iNo
h. Bouse or building N"
addresS nu",ber signs
i. lliJormatiOnal Signs ,"{es
. AccessOry to the
Primary Use
r-J. political Ca",paign ,"{es
Signs
1<. "Room]or Rent"lYes
Sign
L Roof Signs' No
""Temporary ,"{es
decorations or
disPiays when such
are clearly associated
with any national.
local or religiOUS
holidaY or celebration
... Tr.iJfic control or iY es
Regula/OJ')' Signs
~a"imum oU .quare feet in .i....
1 per home
oeeupation
:NfA
JsIA
:No Ihnit
INo
4 SQU5Iefeet per side. If
freestandh,g, shall not exceed 36
inches in height if witnin a
required sight d\s\ance triangle,
or 48 inches where outside of a
sight distance triangle, If an
organu.auon logo is incorporated
into tM sign. the logo shaU not
e"'lceed 1 square foot in size.
}lolimit
INo
}lo limit
,No
~,~... '-hart
~\J~'
sv:rll,;.CK
.,. ,:-- \O'fl1V,R R'EQ\Jl~"'~'
j.tay be freestanding or wall mounted. .
,;.\loWed only on properties located on arte"al
streets.
5' if freestanding
:NIA
'No limit
'No limit
:Must meetme provisions of Chapter 26,
Article \V, SeC. 26-41 9C.
INone
li,e, "restrooms," "nO smo\ting," ,;;;meel chair
, . _,I' "' "" ut"
entrance," etc.), or direet\OnlU ,I,e. In, 0 ,
"rsmP," ";\rive.\lIfU," etc,), 1-\ay be wall-
mounted. freestanding or attaChed to other
freestanding signs or canopi.., but:na\1 not
Ibe colJ1\ted against the allowable S1t.e of
another I)'pe of per\llitted sign. 1-\~y be
\\\um\nated by internal light onlY~
~.
S\la\l not be located in public right-of-Way or
on municipaUy-owned propertY.
~ustbeOn~
advertising.
,None
:None
.... required by regulatioU or stlltute of tbe
federal, state or municipal govertlment.
5
TYPE 01' SiG~ ALLOWED PE"Rl\!.l'f MAXiMUM SiZE AND MAXiMUM Mi~iMUM O'fHER RJl.QUiltJl.ME~TS
" ' ,,' REQUlRJl.D HEiGHT pER SIGN ., NUMBER' SETBACK ,. ,'""
o. Wk2e!ed..a&erti!Ji1ig Allowed only No ~one ~one ~IA Banners or temporarY signs attached to
~ vehicle for currently vebicles are not allowed.
signage licensed,
operative
vehicles
wblch are
l"ImarilY
used by its
owner for
service,
deliver)' or
general
tranSportation
on a regnlar
basis.
p. Window or Door yes No Sign shall not obstrUct more tban WA WA permitted even If It Is vlsable from outdOOrs,
Signs ~ZS percent of the door Those signs wblcb advertise temporarY uses
or windoW area. such as rummage sales, garage sales and open.
bouses shall be located on private propertY.
~:,n;:::mg~~:~
:W;~I~~ :::~~:~~i~ ;'~t~:
q. Menu BourdIVrive yes yes 30 square feet per sign, Sball not 2 per commercial 10 feet from right- M'y be wall mounted or freestatldlng bUt will
Through DirectOry exceed (; feet In heigbt if activity of-Way not be counted against the allowable number
SignS freestatlding. If an organizational or size of another tylle of permitted sign. May
logo In Incorporated intO the sign, be illuminated by internalllglltlng only. No
the logo sball not exceed 1 square slgnage or advertising may be vls.ble from the
foot in size. right-of-way.
1. Order confirUlatlon yes Yes 3 square feet per sign, Shall not 1 per drive througb 10 feet from rigllt- May be wall Ulounted or freestanding but will
Boards exceed 4 feet in heigllt, jane of-way not be counted against the allowable number
or size of another IYpe of permitted sign. May
be illuminated by internalligllting only, No
slgnage or advertising may be vlsable from the
rigllt-of-way.
6
~_~o" Sian Chart
elsewhere, Lot 7 can be developed in accordance with applicable zoning regulations."
The motion passed 8-0.
B. Case No. ZOA-03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code
of Laws pertaining to signage.
...L-
The case was presented by Meredith Reckert. She distributed a proposed amendment by staff
regarding reader-board menus. She reviewed the staff report containing proposed amendments
to the sign code. Previous suggestions made by the Commission were incorporated into the
proposed amendments.
In response to a question from Commissioner McMILLIN regarding the length of life for
cabinet signs, Ms. Reckert stated that in talking with a sign company representative, she
learned that the life depends upon the quality of construction. Nonconforming signs can stay
until changes are requested,
Commissioner SCEZNY questioned the value of making a differentiation between natural
causes or vandalism in the destruction or removal of more than 50% of a nonconforming sign.
There was discussion regarding a possible requirement to replace nonconforming signs
regardless ofthe reason they are destroyed.
There was a consensus of the Commission that it is very important to consider sight triangles
when placing signs at signalized intersections.
During discussion of banner regulations, Commissioner McMILLIN commented that he was
surprised there have been no comments from the business community regarding limitation on
banners.
Chair PLUMMER invited comments from those in attendance.
Miltou Tedford
Mr. Tedford expressed concern about rental property which he constructed about twenty years
ago south of 44th on Moore. The city granted a temporary sign permit and, for the past twenty
years he has had a sign on private property located at 44th and Moore. He has an agreement
with the property owner for placement of the sign. He stated the sign is crucial in obtainrng
tenants for his 52 rental units on Moore. On August 3, 2004, he received notification from the
city that the sign was in violation because it was an off-premises sign. His suggestions to
remedy the situation included: (I) ,that his sign be grandfathered; (2) that the sign code allow
p.vp",,~j within 100 yards of a main arterial street to have off-premises signage; and (3) twenty
years with the sign in the same place should be supported under the statute of limitations. He
submitted photos of his property and other off-premises signs along West 44th Avenue.
Ms. Reckert commented that while there was evidence that a temporary sign permit was issued
in 1985, there are no records showing that it was everrenewed.
Planning Commission
October 7, 2004
Page 4
ATTACHMENT 2
Nancy Snow
11155 West 40th
Ms. Snow expressed concern about large balloons that block views of mountains and excessive
pennants and banners that clutter up the city and detract from landscaping. She agreed with a
height limit for balloons but would like to see a size limit, also. She would also like to see a
limit on the size and number of streamers and pennants. She also pointed out that flags are not
defined in sign code and there is no limit on their size or number. She would like to see a limit
on the number of political signs to eliminate several signs in one yard for the same candidate or
issue. There also needs to be a definition in the chart for changeable signs.
Gretchen Cerveny
Ms. Cerveny testified as the city's mayor and former small business owner. She stated that part
of the attraction of Wheat Ridge is its eclectic nature. City revenues come from use and sales
taxes and business licenses and therefore the sign code should be supportive of businesses.
Small businesses often have very limited resources and banners and pennants are inexpensive
ways to advertise. She supported a limitation on the number of temporary permits since small
business owners have a hard time leaving their businesses to keep getting permits and the city
is limited on hiring people to keep track of the permits. She favored allowing businesses to
have at least one banner. She suggested educational efforts to inform small business owners
about signage. She favored a sign code that is flexible and that will honor the diversity of
Wheat Ridge.
"
There was a consensus of the Commission that the sign code needs more consideration. Staff
will also survey surrounding jurisdictions regarding their sign codes.
It was moved by Commissioner McNAMEE and seconded by Commissioner WESLEY to
continue Case No. ZOA-03-18 to a date uucertain. The motion passed unanimously.
9. NEW BUSINESS
There was no new business to come before the Commission.
10. COMMISSION REPORTS
There were no Commission reports.
11. COMMITTEE AND DEPARTMENT REPORTS
There were no committee and department reports.
12. ADJOURNMENT
It was moved by Commissioner CHIL VERS and seconded by Commissioner STEWART
to adjourn the meeting at 10:02 p.m. The motion passed unanimously.
e
Phil Plummer, Chair
Ann Lazzeri, Recording Secretary
Planning Commission
October 7, 2004
Page 5
the recently installed city lighting, such as along 38th A venue, illegal and cause a financial
burden to the city for lighting replacement.
Commissioner McMILLIN commented that the ordinance won't require replacement of the
lights, but any new lighting would have to conform to the ordinance.
Mayor Cerveny stated that she would like to see any new lighting look the same as that already
installed.
Chair PLUMMER commented that shields could be placed on existing lights without a great
deal of expense. New lighting could look the same and still conform to the new lighting
standards.
There was discussion about giving direction to staff to research and report on options for
retrofitting existing street and pedestrian lights
It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY
that the ordinance be amended under Section E, 1 ''Parking Lots" to read: Maximum
foot-candles shall not exceed ten (10) foot-candles for parking lots measured as an
average of readings taken directly under a main lighting standard and directly between
two lighting standards in the interior of the parking lot. The motion passed 3-2 with
Commissioners CIDL VERS and SCEZNEY voting no and Commissioners STEWART
and WITT absent.
It was moved by Conunissioner McMILLIN and seconded by Commissioner WESLEY
that Case No. ZOA-03-18, proposed amendments to Chapter 26 of the Wheat Ridge Code
of Laws regarding the sign code, be approved with the amendment to Section E, 1. The
motion passed 5-0 with Commissioners STEWART and WITT absent.
-
B.
Case No. ZOA.03-18: An ordinance amending Chapter 26 of the Wheat Ridge Code
of Laws pertaining to signage.
..-../
This case was presented by Meredith Reckert. There was jurisdiction to hear the case and Ms.
Reckert reviewed the staff report.
Time limits on the disPlay of political signs and number of signs allowed per candidate or issue
were diScussed and whether or not time limits would infringe upon freedom of speech.
Commissioner WESLEY suggested that the city attorney research case law regarding such
limitations and their relation to freedom of speech.
Amortization for nonconforming signs was discussed. Commissioner CHlL VERS commented
that it is important to reach a long-term solution to nonconforming signs in the city.'
Commissioner WESLEY suggested defining political campaign signs which would be different
than political signs.
Chair PLUMMER asked to hear from members of the public.
Planning Commission
January 20, 2005
Page 3
ATTACHMENT 3
Gretchen Cerveny
3425 Moore Street
Mayor Cerveny asked for more clarification regarding flags, pennants and streamers. She
asked if flags on light poles along 38th, balloons such as those on dealership automobiles, and
streamers such as on Casey's RV were allowed under the proposed ordinance.
Ms. Reckert explained that the 38th A venue business district and holiday flags are permitted
under the flags for non-profit organizations or holiday decorations categories of the regulations.
The streamers similar to those at Casey's RV are allowed up to 30 days per year; The balloon
regulations apply to large adverti,sing balloons and not small balloons such as those attached to
automobiles at dealerships.
It was moved by Commissioner McMILLIN and seconded by Commissioner CIDL VERS
that Case No. ZOA-03-18, proposed amendments to Chapter 26 of the Wheat Ridge Code
of Laws regarding sign code, b,e forwarded to City Council with a recommendation of
. approval for the following reasons:
1. The changes will improve readability and understanding of the sign code.
2. The changes deal more effectively with negative effects of exterior lighting on
adjacent properties.
With the following conditions:
1.
Accept Option B amortizing nonconformities over a five-year deadline and
eliminating section (B) of Option B pertaining to discontIllued businesses.
The city attorney will research case law regarding time limitations for political
campaign signs as they relate to free speech.
The category for ''Pennants, streamers, and similar devises" be expanded as
discussed.
~
2.
3.
The motion passed 5-0 with Commissioners STEWART and WITT absent.
8. OLD BUSINESS
There was no old business to corne before the Commission.
9. NEW BUSINESS
There was no new business to corne before the Commission.
10. COMMISSION REPORTS
There were no commission reports.
11. COMlVUllJ!..E AND DEPARTMENT REPORTS
There were no committee and department reports.
Planning Commission
January 20, 2005
Page 4
April 01,2007
Some thoughts related to the Wheat Ridge Sign Code:
1. Encourage the display of public art by not automatically considering "art" as
"signage" when its' subject directly or abstractly relates to the business that is
displaying it. For example: A cat hospital displaying at its front door a large
sculpture of a kitten with a ball of twine, or a green dinosaur statue at a Sinclair
station, should not have the square feet of the sculpture subtracted from its'
allotted "signage". The appropriateness and allowability of the "art" could be
determined by the Board of Adjustment, but on the basis of its' art component
rather than the current "excess signage" perspective,
2. Encourage "icon" type signage. Example: A coffee shop sign with a cut-out of a
coffee cup (the icon) standing above it, or a vision clinic with a pair of eye glasses
hanging under it, a gift store with a gift box attached to the sign, etc. These icon
signs work well for the business and for the passing customer, and allow a point
of visual interest to the shopping area without adding to the clutter of
conventional signage. Allow within limits, that the icon portion of the signage not
be included in the total calculation of allowable square footage,
3. Discourage the use of excessive banners and other temporary signage, as currently
occurs in particular at liquor stores and taverns, Possibly just enforce the current
code,
4, Allow some type of "home business" signage. If code described design criteria
are applied to these signs they would not be "objectionable" at all, and would add
to the value ofthe business to the surrounding community and therefore the
viability of the business and the city sales tax base, The compatibility or lack of
compatibility of the signage to the neighborhood could easily be determined by
the Board of Adjustment.
5. Take a good objective look at the current prohibitions related to "moving",
"flashing", etc. components of the current code. I feel that the broad assumptions
related to citizen "safety" are far too weighted from the perspective of myth and
urban legend rather than actual data and science, I feel that some motion
component could be allowed in select cases and or locations.
6. Take a good look at the visual "clutter" being caused by the city itself in its' ever-
growing number of traffic signs related to warnings, cautions, and other
';;necessary" "information".
Tom Abbott
10780 W. 35tl' Ave.
Wheat Ridge, CO
ATTACHMENT 4
ITEM NO:
3,
REQUEST FOR CITY COUNCIL ACTION
~''''..- ~
","ni:"'o-;:~~',:',";:'
~:~~lY
COUNCIL MEETING DATE:
June 11,2007
TITLE:
COUNCIL BILL 07-2007, AN ORDINANCE AMENDING
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO
PROVIDE FORltl~ ZONING OF SOCIAL CLUBS, AND
COUNCIL BILL 08-2007, AN ORDINANCE AMENDING
CHAPTER 11 OF Ttl~ WHEAT RIDGE CODE OF LAWS TO
INCLUDE A NEW ARTICLE XI CONCERNING TifE LICENSING
OF SOCIAL CLUBS, CASE NO. ZOA-06-05
IZI PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date: May 14, 2007)
IZI ORDINANCES FOR 2ND READING
Quasi-Judicial:
D
Yes
IZI
No
~4^ aId=
City~
Community Development Director
EXECUTIVE SUMMARY:
Currently social clubs are permitted uses in the C-l, C-2 and I zone districts. They are combined
with "private clubs, bingo parlors, and similar uses." The zoning regulations do not contain a
definition of social club and there are no other reqillrements or restrictions on the location of social
clubs. Social clubs are required to obtain a business license,
The proposed amendment to Chapter 26 defines social clubs and lists them separately in the use chart
for commercial and industrial uses. Social clubs will be permitted uses in the C-l, C-2, and I zone
districts, as they are now, but with the added requirements proposed in a companion ordinance
amending Chapter II. The ordinance amending chapter 11 requires the owners of such establislunents
to obtain a social club license and requires such establislunents to be located 100 feet from
residentially zoned properties, or any properties zoned A-I or A-2 and used residentially.
Planning Commission recommended approval of the ordinance amending Chapter 26. These
ordinances implement Council's strategic goal of creating a strong partnership with the community.
COMMISSION/BOARD RECOMMENDATION:
At a public hearing on May 3, 2007 the Planning Commission recommended approval of the
ordinance amending Chapter 26. No board or commission is required to review amendments to
Chapter II.
STATEMENT OF THE ISSUES:
The proposed ordinance changes were presented to City Council at the February 20th study session.
The Chapter 26 changes were discussed with Planning Commission at a study session on April 5,
2007.
The Chapter 26 amendments include the addition of the following definition for social clubs: "A
busiuess whose sole, exclusive, or principle service provided is the leasing of space to persons
or groups for private events such as parties or fundraisers. Social clubs do not include
liquor licensed establishments, private clubs or lodges, hotels, public and private schools,
colleges or universities, or churches." This definition was modified based on a recommendation
from Planning Commission, The definition does not include bars and similar establislunents that
are required to obtain a liquor license because the liquor licensing process and revocation
procedures provide a level of control of the conduct at the establislunent which is sought to be
controlled by the social club license. Also not included in the definition are establislunents such as
Elks Club, VFW, or Sons ofItaly, who occasionally may rent out halls for various functions, but
whose sole business is not renting out the facility to private parties.
Under the Chapter 26 changes, Social clubs will be permitted uses in the C-I, C-2, and I zone
districts, as they are now and would also be allowed in PCDs and PIDs unless specifically
prohibited or not listed. Many older PCDs and PlDs simply reference the Cl, C-2 and I zone
districts.
The amendments to Chapter 11 require the owners of such establislunents to obtain a license from
the City to operate a social club. The license requirements are modeled after the adult business
license requirements, and there is the additional requirement that such uses must be located 100
feet from residentially zoned properties. (Three options were presented to Council at the February
20, 2007 study session and Council selected 100 feet, See Attaclunent 3 for a map of areas that
would be available for these establislunents.) Unlike adult businesses, there is no distance
requirement proposed from schools, day care facilities, churches, parks, recreation centers, or
community centers.
The license requires a background check of owners and managers and, if issued, must be renewed
annually. Prior to issuing licenses or renewals, inspections of the premises are conducted by the
building official and fire marshal. Site plans are also required to be submitted in order to assess
the adequacy of parking and impacts oflighting, trash storage, etc. on adjacent residential uses.
The licensing ordinance requires the owner or a manager to be present during events, A social
club cannot operate during the hours of2:00 a.m. and 7:00 a.m.
A license may be denied or, if issued, may be suspended or revoked for a number of reasons,
including incidents of disorderly conduct, consuming or possessing narcotics or dangerous drugs
by persons on the premises, the manager is not present on the premises during an event, being
open beyond the allowable hours of operation specified in the ordinance, public displays of
indecency on the premises or immediately adjacent thereto, acts of prostitution, consumption of
alcoholic beverages by persons under 21 or visibly intoxicated persons, and making false
statements on the application. Denial, suspension or revocation of a license may be appealed to
the City Manager.
Two of the existing social clubs (there are three in the City) are recognized as legal nonconforming
uses in the ordinance and are allowed to remain at their current locations, even if the distance
requirements are not met. However, all existing establishments would be required to obtain a
license and be subject to all of the other conduct requirements of the licensing ordinance.
ALTERNATIVES CONSIDERED:
Do not amend the regulations.
Adopt the zoning changes, but not the licensing requirements.
FINANCIAL IMPACT:
Adoption ofthe amendment to Chapter 26 does not result in a financial impact to the City. Adoption
ofthe Chapter II amendment will require additional staff time to implement; to conduct background
checks, to review site plans and spacing requirements, and review application information. The
following fees are proposed which will help defray these costs: licensing fee - $500.00; processing fee
- $150.00; renewal fee - $250.00. The three existing establishments would pay fees totaling $1,950.00
in the first year and $750.00 in each subsequent year.
RECOMMENDED MOTION:
"I move to adopt Council Bill 07-2007 on second reading and that it take effect 15 days after final
publication. "
"I move to adopt Council Bill 08-2007 on second reading and that it take effect 15 days after final
publication. "
Or,
"I move to table indefinitely Council Bill 07-2007 and Council Bill 08-2007."
Report Prepared by: Alan White, Community Development Director
Reviewed by:
Attachments:
1. Council Bill 07-2007.
2. Council Bill 08-2007.
3. Map of Potential Social Club Locations
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 07-2007
Ordinance No.
~AN"C.
Series of 2007
TITLE:
AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF
SOCIAL CLUBS
WHEREAS, the City Council finds that there has been an increase in
complaints regarding the operation of social clubs in the City, specifically
with respect to crime, disorderly conduct, litter, noise, traffic and parking;
and
WHEREAS, such operation of social clubs affects the livability of the
adjacent neighborhoods, especially residential neighborhoods; and
WHEREAS, the City Council desires to minimize and control the adverse
effects that social clubs may have within the City and thereby protect the
health, safety, and welfare of citizens; preserve the quality of life; preserve
the property values and character of surrounding neighborhoods; deter the
spread of urban blight and protect citizens from increased crime; and
WHEREAS, separating social clubs from residential neighborhoods would
serve to protect the health, safety and welfare, improve the quality of life,
and protect property values of the citizenry; and
WHEREAS, locational requirements alone do not adequately protect the
health, safety, and general welfare of citizens and thus, certain
requirements with respect to the licensing and operation of social clubs
are in the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-123 of the City's Code of Laws is hereby amended
by the addition of the following definition to be added alphabetically:
Social Club. A business whose sole, exclusive, or principal service provided is
the leasing of space to persons or groups for private events such as parties or
fund raisers. Social clubs do not include liquor licensed establishments,
ATTACHMENT 1
private clubs or lodges, hotels, public and private schools, colleges or
universities, or churches.
Section 2. Section 26-204 of the City's Code of Laws is hereby amended
by adding to the Table of Uses - Commercial and Industrial Districts, the
following:
I Uses
Social club
Notes NC
In accordance with
Wheat Ridge Code of
Laws, Chapter " ,
article XI
RC C-' C-2
P P
I
P
Section 2. Safetv Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this Ordinance is necessary for the
preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the
Ordinance bears a rational relation to the proper legislative object sought to
be attained.
Section 3. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5." of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 14th day of May , 2007,
ordered published in full in a newspaper of general circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage set for
_ .Tnn" 11 , 2007, at 7:00 o'clock p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ,
reading by
ADOPTED AND
a vote of
, 2007.
ORDERED PUBLISHED on second and final
to this day of
2
SIGNED by the Mayor on this
2007.
ATTEST:
Michael Snow, City Clerk
First Publication: May 17. 2007
Second Publication:
Wheat Ridge Transcript
Effective Date:
day of
Jerry DiTullio, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
3
CITY OF WHEAT RI DGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No. 08-2007
Ordinance No.
Series of 2007
TITLE:
AN ORDINANCE AMENDING CHAPTER 11 OF THE
WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW
ARTICLE XI CONCERNING THE LICENSING OF SOCIAL
CLUBS
WHEREAS, the City Council finds that there has been an increase in
complaints regarding the operation of social clubs in the City, specifically
with respect to crime, disorderly conduct, litter, noise, traffic and parking;
and
WHEREAS, such operation of social clubs affects the livability of the
adjacent neighborhoods, especially residential neighborhoods; and
WHEREAS, the City Council desires to minimize and control the adverse
effects that social clubs may have within the City and thereby protect the
health, safety, and welfare of citizens; preserve the quality of life; preserve
the property values and character of surrounding neighborhoods; deter the
spread of urban blight and protect citizens from increased crime; and
WHEREAS, Colorado courts have determined that social clubs are not
subject to the state's beer and liquor license codes; and
WHEREAS, separating social clubs from residential neighborhoods would
serve to protect the health, safety and welfare, improve the quality of life,
and protect property values of the citizenry; and
WHEREAS, the regulation of social clubs within the City through licensing
would protect and preserve the health, safety and welfare of the patrons of
such clubs as well as the citizens of the City; and
WHEREAS, nominal license fees are directly related to the cost of
regulating social clubs and are necessary to help defray the expense
incurred by the City of such regulation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE, COLORADO:
V 4020907
ATTACHMENT 2
Section 1. Chapter 11 of the City's Code of Laws, entitled "Licenses, Permits
and Miscellaneous Business Regulations," is hereby amended by adding a new
Article XI, Social Clubs, as follows:
ARTICLE XI. SOCIAL CLUBS
Sec. 11-250. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Applicant means and includes:
(1) If an individual, that person making an application for a license under this
article;
(2) If a partnership, the partners owning ten (10) percent or more of the
partnership which is making application for a license under this article;
(3) If a corporation, the president, vice-president, secretary, treasurer, the
directors, manager and each stockholder owning ten (10) percent or more of the
stock of the corporation.
Alcohol beverage means fermented malt beverage or malt, vinous, or spirituous
liquors as those terms are defined in the Colorado Beer Code and the Colorado
Liquor Code at C.R.S, 99 12-46-103 and 12-47-103, respectively; except that
"alcohol beverage" shall not include confectionery containing alcohol within the
limits prescribed by section 25-5-410(1 )(i)(II), C.R.S.
Assault means a knowing or reckless or criminally negligent causing of bodily
injury of a person by another.
City manager means the city manager for the City of Wheat Ridge, Colorado, or
the city manager's designee.
Club or lodge, private means an association of persons for the promotion of
some nonprofit common object, such as literature, science, politics or good
fellowship, meeting periodically, limited to members, within a building, not more
than one-third (1/3) of the gross floor area of which is used for residential
occupancy. Examples: Elks, Masons, Kiwanis, etc.
Disorderly conduct means the intentional, knowing, or reckless:
V4020907
2
(1) Making of a coarse and obviously offensive utterance, gesture or display
when such utterance, gesture or display causes injury or tends to invite an
immediate breach of the peace;
(2) Abusing or threatening a person in an obviously offensive manner; or
(3) Fighting with another in a public place, except as a participant in a
sporting event.
Finance division means the finance division for the City of Wheat Ridge,
Colorado.
Investigator means a member of the Wheat Ridge Police Department.
Manager includes the person or those persons who manage, direct, supervise,
oversee and administer the acts, transactions and acts of servants of the
establishments governed by this article.
Patron means a person present during the time the social club is open and
operating who is not the licensee or its manager, employee, or agent.
Premises means that area as defined in the social club license.
Social club means a private business that leases space to persons for private
events, such as parties or fund raisers. Social clubs do not include liquor licensed
establishments, private clubs or lodges, hotels, public and private schools,
colleges or universities, or churches.
All other words and phrases used in this article shall have the meanings attached
by this Code or by the Colorado Statutes regulating the sale of liquor, or if not
otherwise defined by law, as used in their common, ordinary and accepted sense
and meaning.
Sec. 11-251. Location of social clubs.
(a) It is unlawful to operate or cause to be operated a social club in any
location except as provided in this Code.
(b) It is unlawful to operate or cause to be operated a social club within one
hundred (100) feet of the property line of any lot, tract or parcel of land within the
City which is zoned for residential use, or zoned A-1 or A-2 and used for
residential purposes.
(c) For the purpose of subsection (b) of this section, the distance between a
social club and a residential district or a residential lot shall be measured in a
V 4020907
3
straight line, without regard to intervening structures, objects or city limits, from
the closest exterior wall of the structure in which the social club is located to the
property line of such use.
(d) A social club lawfully operating on the effective date of this article,
, 2007, is not rendered a nonconforming use by the present or
subsequent location of a residential district or a residential lot within one hundred
(100) feet of the social club; however, if a social club becomes a legal,
nonconforming use as a result of the passage of this ordinance and it ceases
operation for a period of sixty (60) days or more regardless of any intent to
resume operation, it may not recommence operation in that location.
(e) A social club lawfully operating within the city as of the effective date of
this article that does not conform with the zoning requirement of Chapter 26 of
this Code may continue to exist as a legal nonconforming use after the effective
date of this article only if it otherwise complies with the provisions of this article
within ninety (90) days of the effective date of this article. The city's regulations
concerning nonconforming uses, found at Section 26-120 of this Code, shall
apply to such nonconforming uses.
Sec. 11-252. License required; original license fee; application fees; license
renewal.
(a) No person shall conduct or operate a social club without first having
obtained a social club license issued by the city as required by this article. This
requirement to obtain a social club license is in addition to the requirement to
obtain a business license pursuant to Article II of this Chapter. Each applicant
shall pay an initial social club license fee of five hundred dollars ($500.00).
(b) Each applicant, whether an individual, partnership, limited liability
company, or corporation, shall pay the following application fees at the time of
submitting any application to the finance division:
(1) An application processing fee of one hundred fifty dollars ($150.00).
Such application fee shall be nonrefundable.
(2) An application investigation fee in the amount then charged by the
Wheat Ridge police department for each person who will be investigated as
required by this article, plus those costs incurred by the City for outside agency
review pursuant to section 11-255(b). Such application investigation fee shall be
nonrefundable following a determination by the finance division that the
application is complete in accordance with section 11-254. The application
investigation fee shall be refunded upon written request by the applicant in the
event that the applicant withdraws its application prior to the finance division's
determination that the application is complete.
V4020907
4
(c) In the event an application for a social club license is withdrawn prior to
issuance or to being denied, the original license fee, but not the application
processing fee or the application investigation fee, shall be refunded in full to the
applicant.
(d) Renewal of an existing license issued pursuant to this article shall be
granted upon the payment of the annual licensing fee of two hundred fifty dollars
($250.00) and the filing of a completed renewal application with the finance
division not less than forty-five (45) days prior to the date of license expiration.
The finance division may waive the timely filing requirement where the licensee
demonstrates in writing that the failure to timely file is not solely the result of the
applicant's neglect; provided that no renewal application shall be accepted by the
finance division from any licensee after the license expires.
(e) A license that is under suspension may be renewed in accordance with
this section provided that such renewal shall not modify, alter, terminate, or
shorten the period or term of the suspension. The suspension of a license shall
not extend the term of the license or otherwise relieve the licensee from timely
seeking renewal of the license in accordance with this section.
Sec. 11-253. License application.
(a) All applicants for a social club license shall file a completed application for
such license with the finance division on forms to be provided by the finance
division.
(b) The completed application shall contain the following information and shall
be accompanied by the following documents:
(1) Each individual applicant, partner of a partnership, managing officer or
managing director of a corporation, the manager of a limited liability company
and all business managers shall be named in each application form, and each of
them shall be photographed and fingerprinted by the Wheat Ridge police
department. The Wheat Ridge police department shall thereafter forward such
photographs and fingerprints to all appropriate referral agencies, including the
finance division who shall include them in the application.
(2) If the applicant is:
a. An individual, the individual shall state such person's legal name and
any aliases and submit satisfactory proof that the individual is eighteen (18)
years of age or older;
b. A partnership, the partnership shall state its complete name and the
names of all partners, whether the partnership is general or limited, and provide a
copy of the partnership agreement, if any;
V 4020907
5
c. A corporation, the corporation shall state its complete name, the
date of its incorporation, evidence that the corporation is in good standing under
the statutes of the State of Colorado, or in the case of a foreign corporation,
evidence that it is currently authorized to do business in the State of Colorado,
the names and capacity of all officers, directors, and the name of the registered
corporate agent and the address of the registered office for service of process;
d. A limited liability company, the company shall state its complete
name, the date of its formation, evidence that the company is in good standing
under the statutes of the State of Colorado, or in the case of a foreign company,
evidence that it is currently authorized to do business in the State of Colorado
and the name of its members, the manager, and registered agent and the
address of the registered office for service of process.
(3) The applicant shall state whether the applicant or any other individual
listed pursuant to subsection (b)(1) of this section has previously operated or is
currently operating or has been employed at an unlicensed social club as defined
in this article or has had a previous social club license under this article or other
social club ordinances, resolutions or regulations from another municipality or
county denied, suspended or revoked, or declared a public nuisance, including
the name and location of the social club for which the permit was denied,
suspended or revoked, or been declared a public nuisance, as well as the date of
the denial, suspension or revocation. Additionally, the applicant shall state
whether the applicant or any other individuals listed pursuant to subsection (a) of
this section has been a partner in a partnership or an officer or director of a
corporation or manager of a limited liability company of a social club whose
license has previously been denied, suspended or revoked, including the name
and location of the social club for which the license was denied, suspended or
revoked, as well as the date of the denial, suspension or revocation. The
applicant shall state whether the applicant or any other individual listed pursuant
to subsection (b)(1) of this section holds any other licenses under this article or
other similar social club ordinance or regulation from another municipality or
county and, if so, the names and locations of such other permitted businesses;
(4) The location of the proposed social club, including a legal description
of the property, street address, and telephone number(s), if any;
(5) Proof of the applicant's right to possession of the premises wherein the
social club will be conducted;
(6) The applicant's mailing address and residential address;
(7) The applicant's social security number, driver's license number and/or
federally issued tax identification number or, if the applicant is not a natural
person, such information for the individuals listed in subsection (b)(2)b., c. and d
V 4020907
6
(8) A current improvement location certificate depicting parking areas,
location and type of exterior lighting, trash storage areas, loading areas,
entrances to the structure and existing setbacks of all structures and a straight-
line drawing prepared by a land surveyor, prepared within thirty (30) days prior to
the application, and depicting the property lines and the structures containing any
social club within one hundred (100) feet of the closest exterior wall of the
structure in which the social club will be located and the property line of any
church, school, child care facility, public park, recreational center, community
center, residential zone district, or a residential lot within one hundred (100) feet
from the closest exterior wall of the structure in which the social club will be
located.
(9) If the applicant intends to operate the social club under a name other
than that of the applicant, the applicant shall state the business name to be used
and submit copies of documentation evidencing the registration of the business
name under applicable laws.
Sec. 11-254. Determination of completed application.
(a) Not more than ten (10) days following submission of an application, the
finance division shall review the application for completeness and conformance
with the application requirements of section 11-253. The finance division shall not
accept for filing any application that is not complete in every detail.
(b) All applicants shall promptly notify the finance division in writing in the
event that any information contained in an application has changed or any
information is discovered by the applicant to be incorrect in any way from what is
stated on the application, and every applicant shall have the continuing duty to
promptly update and supplement such information during the term of any social
club license issued to the applicant.
Sec. 11-255. Investigation.
(a) Upon receipt of a complete application, the finance division shall transmit
the application to the Wheat Ridge police department, which shall cause the
investigation of the applicant and the manager of the social club and the
accuracy of the information provided in the application. The police department
shall submit a written report of the investigation to the finance division within
thirty (30) days after receiving the application from the finance division.
(b) Within five (5) days of receipt of an application for a social club license,
the finance division shall notify the local fire marshal and the community
development department of such application. Review costs incurred by the City
for outside referral agency review shall be paid by the applicant as part of the
application investigation fee imposed pursuant to section 11-252(b)(2).
V4020907
7
(c) The local fire marshal and the community development department shall
commence the inspection of the premises for which a social club license is
sought promptly upon receipt of notice of the application, and shall complete a
written certification of whether the premises are in compliance with the building
code and the zoning code within fifteen (15) days after receipt of the application.
(d) The finance division may cause to be conducted any other investigation
deemed necessary to determine the application's conformance with any
requirement of this article.
Sec. 11-256. Approval or denial of application.
(a) A completed license application shall be administratively approved or
denied by the finance division within sixty (60) days of the date of the filing of a
complete application. The finance division shall deny a license application if:
(1) The applicant is under the age of eighteen (18) years;
(2) The application or any investigation performed or ordered by the city
demonstrates or establishes that the proposed social club fails to conform to any
requirement of this article, the Wheat Ridge Code of Laws, or other applicable
law;
(3) The applicant knowingly made a false statement or knowingly gave
false information in connection with the application;
(4) The individual applicant or a director or officer of a corporation, partner
of a partnership, or manager of a limited liability company or manager of the
social club has had a social club license revoked or suspended within five (5)
years prior to the application;
(5) The individual applicant or a director or officer of a corporation, or
partner of a partnership or manager of a limited liability company or manager of
the social club has operated a social club as defined in this article which was
determined to be a public nuisance under state, federal or local law within five (5)
years prior to the application;
(6) A partnership, corporate or limited liability company applicant is not in
good standing or authorized to do business in the State of Colorado; or
(7) The applicant is overdue in payment to the city of taxes, fees, fines, or
penalties assessed against the applicant or imposed against the applicant in
relation to any business in which the applicant is the owner of at least a ten
percent (10%) interest.
V4020907
8
(b) In the event that the finance division approves a license application, the
finance division shall notify the applicant of such approval in writing, sent by
certified mail to the address of the applicant as shown in the application. Nothing
in this article shall prevent or preclude the finance division from revoking such
approval where it is discovered that the application contained or included a false
or incorrect statement or false or incorrect information which would otherwise
constitute sufficient grounds or basis for the denial of the application. Approval of
a license application shall not constitute issuance of a social club license.
Issuance of a license shall be made only in accordance with section 11-257. The
decision of the finance division to approve a license application shall not be
construed as a quasi-judicial act but shall be a final administrative decision of the
city.
(c) The finance division's approval of a license application shall be valid for
one year following the date of approval. Failure to obtain the issuance of the
license pursuant to section 11-257 within such one-year period shall require the
submission of a new application.
(d) In the event that the finance division denies a license application, the
finance division shall prepare written findings of fact and a decision stating the
reasons or basis for the denial. A copy of the finance division's findings and
decision shall be sent by certified mail, return receipt requested, to the address of
the applicant as shown in the application within ten (10) days after the date of the
finance division's denial. The finance division's decision to deny a license
application shall become a final administrative decision of the city on the
fourteenth day following the date of the decision unless the applicant files a
timely request for appeal to the city manager as provided by section 11-260.
Sec. 11-257. Issuance of license.
(a) No license shall be issued by the finance division after approval of an
application until such time as the building in which the business is to be
conducted is ready for occupancy with such furniture, fixtures, and equipment in
place as are necessary to comply with the provisions of this article and other
applicable codes of the city or state, and then only after inspection of the
premises and certification that the applicant has complied with the plans and
specifications approved by the city with the application.
(b) If the licensed premises has been closed or inactive for at least sixty (60)
days, the finance division may revoke or elect not to renew the license.
Sec. 11-258. Term of the license.
All licenses issued pursuant to this article shall be valid for twelve (12)
months from the date of issuance, unless sooner revoked.
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Sec. 11-259. Suspension; revocation of license.
(a) The finance division may suspend or revoke a license upon a finding of
any of the following factors:
(1) Any incident of disorderly conduct, a violation of Chapter 16 of this
Code, or any violation of Sections 11-263 through 11-268 of this Article have
occurred upon the licensed premises or upon any parking areas, sidewalks,
access ways or grounds within the immediate neighborhood of the licensed
premises involving a patron or customer, manager, employee, or the licensee;
(2) The licensee, manager, or any employees thereof illegally offered for
sale or illegally allowed to be consumed or possessed upon the licensed
premises, or upon any parking areas, sidewalks, walkways, access ways or
grounds immediately adjacent to the licensed premises, narcotics or dangerous
drugs;
(3) The licensee or manager is not upon the licensed premises at all times
that the licensed premises is open for business or at all times when the licensed
premises is occupied by any employee, agent, patron, invitee, or other person;
(4) The licensed premises was open for business during hours prohibited
by this article;
(5) The licensee, manager, or employee has allowed or permitted patrons
or employees to engage in acts of prostitution or negotiations for acts of
prostitution within the licensed establishment or upon any parking areas,
sidewalks, access ways, or grounds immediately adjacent to the licensed
establishment;
(6) The licensee, manager, or employee has allowed or permitted patrons
to engage in public displays of indecency or has allowed or permitted patrons or
employees to engage in acts of public urination or defecation within the licensed
establishment or upon any parking areas, sidewalks, access ways, or grounds
immediately adjacent to the licensed establishment;
(7) The licensee, manager, or employee has allowed the consumption of
an alcohol beverage within the licensed premises, or upon any parking areas,
sidewalks, walkways, access ways or grounds immediately adjacent to the
licensed premises, by (1) any person under the age of twenty-one (21) years; (2)
a habitual drunkard; or (3) a visibly intoxicated person; or has permitted any
person under the age of eighteen (18) years to participate in the serving of an
alcohol beverage within the licensed premises.
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(8) The licensee or manager knowingly made a false statement or
knowingly gave false information in connection with an application for a license or
a renewal of a license;
(9) The licensee, manager, or employee knowingly violated or knowingly
allowed or permitted a violation of any provision of this article;
(10) A manager of the licensed establishment is under the age of eighteen
(18) years;
(11) The licensee, in the case of a corporation or limited liability company,
is not in good standing or authorized to do business in the State of Colorado;
(12) The licensee is delinquent in payment to the city or state for any taxes
or fees past due; or.
(13) Any other violation of this Article.
(b) No such suspension shall be for a longer period than six (6) months.
(c) In the event of suspension or cessation of business, no portion of the
license fee shall be refunded.
(d) In addition to the factors listed in subsection (a), the finance division may
revoke any license granted pursuant to this article upon a finding that either:
(1) The social club was operated and open during a period of time when
the social club license was suspended; or
(2) The license application should have been denied under the criteria set
forth in section 11-256(a).
Sec. 11-260. Appeals.
(a) Application denial. In the event that the finance division denies a license
application, an applicant shall have the right to a quasi-judicial hearing before the
city manager for the purpose of appealing the finance division's administrative
decision. A written request for a hearing shall be made to the city manager within
ten (10) days of the date of the mailing of the finance division's written findings
and decision denying the license application. The hearing shall be conducted
within ten (10) days of the city manager's receipt of the written request for a
hearing unless a later date is requested by the applicant. Upon receipt of a timely
request for a hearing, the city manager shall schedule a hearing and notify the
applicant of the date, time, and place of the hearing. Such notification may be
made by the city by telephone provided that a written notice shall also be mailed
or delivered to the applicant at the applicant's address shown in the application.
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An applicant may be represented at the hearing by an attorney or other
representative, An applicant or the city may request a continuance or
postponement of the hearing date. In no event shall the city be entitled to more
than one (1) continuance unless agreed to by the applicant.
(b) Suspension; revocation. If the city seeks to suspend or revoke a license,
the licensee shall be entitled to a quasi-judicial hearing before the city manager,
When there is probable cause to believe that a licensee has violated or permitted
a violation of this article to occur in or near the licensed establishment, the city
attorney may file a written complaint with the city manager setting forth the
circumstances of the violation. The city manager shall send a copy of the
complaint by certified mail, return receipt requested, to the licensee at the
address as shown on the license application, together with a notice to appear
before the city manager for the purpose of a hearing to be conducted at a
specified date and time and at a place designated in the notice to show cause
why the licensee's license should not be suspended. Such hearing shall be held
on a date not less than fourteen (14) days following the date of mailing of the
complaint and notice to the licensee.
(c) The city manager shall have the power to issue subpoenas granted to
municipal courts pursuant to the Colorado municipal court rules of procedure,
Rule 217; the power to administer oaths; and, when necessary, the power to
grant continuances.
(d) At the hearing, the city manager shall hear and consider such evidence
and testimony presented by the city, the applicant, and any other witnesses
presented by the city or the applicant which are relevant to (i) the stated reason
and basis for the finance division's denial of the license application or (ii) whether
the violations that are the basis for the suspension or revocation occurred. The
city manager shall conduct the hearing in conformity with quasi-judicial
proceedings and shall permit the relevant testimony of witnesses, cross-
examination, and presentation of relevant documents and other evidence. The
hearing shall be recorded by electronic recording device. Any person requesting
a transcript of such record shall pay the reasonable cost of preparing the record.
(e) Not less than ten (10) days following the conclusion of the hearing, the city
manager shall send a written order by certified mail, return receipt requested, to
the applicant or licensee at the address as shown on the application or license,
as applicable.
(1) In the case of an application denied by the finance division, the order
shall include findings of fact and a final decision concerning the approval or
denial of the application. If the city manager approves the application, such
approval shall constitute approval by the finance division, and the applicant may
seek issuance of a license in accordance with Section 11-257.
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(2) In the case of a suspension or revocation, the city manager shall make
written findings of fact from the statements and evidence offered and shall reach
a conclusion as to whether the alleged violations occurred. If the city manager
determines that a violation did occur that warrants suspension or revocation of
the license pursuant to Section 11-259, the city manager shall also issue an
order suspending or revoking the license. A copy of the findings, conclusion, and
order shall be hand-delivered or mailed to the licensee by certified mail, return
receipt requested, at the address as shown on the license application.
(f) The order of the city manager made pursuant to this section shall be a final
decision and may be appealed to the district court pursuant to Colorado Rules of
Civil Procedure 106(a)(4) or to the Wheat Ridge Municipal Court pursuant to this
subsection (f). For purposes of any appeal, the city manager's decision shall be
final upon the earlier of the date of the applicant's receipt of the order or four (4)
days following the date of mailing.
Sec. 11-261. Display of license; transferability; change of ownership;
change of corporate structure.
(a) Any social club license issued pursuant to the terms of this article shall be
prominently displayed at all times upon the premises for which the license was
issued.
(b) Licenses issued under this article shall not be transferable, sold, or leased
except as provided herein. Any change in the partners of a partnership or in
officers or directors of a corporate licensee or manager of a limited liability
company holding a social club license may result in termination of the license of
the partnership or corporation, unless such licensee, within thirty (30) days of any
such change, files a written notice of such change accompanied by the
application processing fee and the application investigation fee as required by
subsection (b) of Section 11-252. Any such change shall be reported on forms
provided by the finance division and shall require the names of all new partners
of a partnership, officers, and directors of a corporation, and the manager of a
limited liability company and any information as required by section 11-253.
Approval or denial by the finance division of such transfer shall be upon the same
terms as provided for in this article for the approval or denial of a social club
license.
(c) When a license has been issued to a husband and wife or to general or
limited partners, the death of a spouse or partner shall not require the surviving
spouse or partner to obtain a new license. All rights and privileges granted under
the original license shall continue in full force and effect as to such survivors for
the balance of the license.
(d) Each license issued under this article is separate and distinct, and no
person shall exercise any of the privileges granted under any license other than
V 4020907
13
that which he holds. A separate license shall be issued for each specific business
or business entity and each geographical location.
Sec. 11-262. Manager; change of manager.
(a) A registered manager shall be on the premises of a social club at all times
that the social club is open and operating. A social club may have more than one
(1) registered manager. It shall be unlawful for any person to work as a manager
of a social club without first registering with the finance division.
(b) In the event a licensee changes the manager of a social club, the licensee
shall immediately report such change and register the new manager on forms
provided by the finance division within ten (10) days of such change. The new
manager shall be photographed and fingerprinted by the Wheat Ridge police
department and shall be investigated pursuant to Section 11-255, above. The fee
for investigation of a new manager shall be one hundred dollars ($100.00). The
finance division shall cause the application to be investigated and shall approve
or disapprove the change of manager, based on the applicable standards of
denial in subsection (a) of Section 11-256 within ten (10) days of receipt of a
complete application and fee.
Sec. 11-263. Hours of operation.
It shall be unlawful for a social club to be open for business or for the licensee
or any employee of a licensee to allow patrons upon the licensed premises on
any day from 2:00 a.m. until 7:00 a.m.
Sec. 11-264 Security requirements.
In addition to a registered manager, security guards shall be present at all
times the social club is open and operating. Security guards shall be charged
with observing the behavior of patrons to ensure that no violations of this article
take place. There shall be one security guard present for every one hundred
patrons.
Sec. 11-265. Indoor activities.
All activities at the social club shall be conducted indoors and no patrons shall
be allowed to linger outside the social club unobserved or for longer than 15
minutes.
Sec. 11-266. Lighting requirements.
(a) All off-street parking areas and premise entries of social clubs shall be
illuminated from dusk to closing hours of operation with a lighting system which
provides an average maintained horizontal illumination of one (1) foot-candle of
V4020907
14
light on the parking surface and/or walkways consistent with the requirements of
chapter 26 of this Code. This required lighting level is established in order to
provide sufficient illumination of the parking areas and walkways to help ensure
the personal safety of patrons and employees and to reduce the incidence of
vandalism and other criminal conduct.
(b) All social clubs shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted
access to provide an illumination of not less than two (2) foot-candles of light as
measured at the floor level.
Sec. 11-267. Noise; vibration.
The licensee shall insure that noise or sound and vibration do not disturb the
peace of the neighborhood in which it is located. It shall be unlawful for noise or
sound to emanate from any social club if such noise or sound is louder than a
normal conversation when heard at or inside the property line of property other
than that of the social club itself. It shall be unlawful for a social club to emit
vibration through the air or the ground if such vibrations are perceivable beyond
the property line of the social club.
Sec. 11-268. Notification of certain conduct in licensed premises.
(a) Any licensee and its employees shall immediately report to the Wheat
Ridge police department any unlawful act, disorderly conduct or assault
committed on the premises.
(b) Each licensee shall post and keep at all times visible to the public in a
conspicuous place on the premises a sign to be provided by the city clerk's office
which shall be in the following form:
WARNING: The City of Wheat Ridge Police must be notified of all
disturbances including disorderly conduct and assault which occur in this
licensed establishment.
(c) It shall not be a defense to a prosecution of a licensee under this section
that the licensee was not personally present on the premises at the time such
unlawful or disorderly act, conduct or disturbance was committed; provided,
however, that an agent, servant or employee of the licensee shall not be
responsible hereunder when such agent, servant or employee is absent from the
premises.
(d) Failure to comply with the requirements of this section may be considered
by the finance division in any action relating to revocation, suspension or non-
renewal of a license. A violation of this section is also a criminal offense,
V 4020907
15
punishable by a fine or imprisonment, or both, as provided in section 1-5 of this
Code.
Sec. 11-269. Right of entry; inspection.
(a) The application for a social club license shall constitute consent of the
licensee and his agents or employees to permit the Wheat Ridge Police
Department, the city building inspector, the health commissioner, any
representatives of the fire department or any other agent of the city to conduct
routine inspections of the social club during the hours the establishment is
conducting business to insure compliance with the law.
(b) A person who operates a social club or his agent or employee commits a
misdemeanor of the first degree if he refuses to permit such lawful inspection of
the premises.
Section 2. Safetv. Clause, The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of
the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare
of the public and that this Ordinance is necessary for the preservation of health
and safety and for the protection of public convenience and welfare. The City
Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 3. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 14t:h day of ~v , 2007,
ordered published in full in a newspaper of general- circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage set for
June 11 , 2007, at 7:00 o'clock p.m" in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED
reading by a vote of to , this
.2007.
on second and final
day of
V 4020907
16
SIGNED by the Mayor on this
2007.
ATTEST:
Michael Snow, City Clerk
First Publication: May 17, 2007
Second Publication:
Wheat Ridge Transcript
Effective Date:
V 4020907
day of
Jerry DiTullio, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
17
~~' .H",1',
~ 0
- D
o "=," I"'l
C'OLOR"'og
ITEM NO:
4-.
REQUEST FOR CITY COUNCIL ACTION
~~ ~ ,AI~$~
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........._'-!~
1= ' ">" IILI /III
1~=k\J
COUNCIL MEETING DATE:
May 14, 2007
TITLE:
COUNCIL BILL 09-2007 - AN ORDINANCE AMENDING
CHAPTERS 5 AND 21 OF THE CITY OF WHEAT RIDGE CODE
OF LAWS CONCERNING CERTAIN CONTRACTOR'S
LICENSES
IZI PUBLIC HEARING
D BIDSIMOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:)
IZI ORDINANCES FOR 2ND READING
Quasi-Judicial: D
City~1
EXECUTIVE SUMMARY:
Chapter 21 of the City Code generally regulates the issuance and administration of Municipal
Contractors licenses. The section of the Code that addresses revocation of Municipal Contractors
licenses is currently located in Chapter 5. The attached ordinance would move the paragraphs dealing
with Municipal Contractor license revocations from Chapter 5 to Chapter 21.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
Contractors obtaining permits to work in City right-of-way are required to hold a Municipal
Contractors License. In June of 2006 the sections of the City Code that dealt with Municipal
Contractors Licenses were moved from Chapter 5 to Chapter 21, Streets and Sidewalks, which
regulates work in the City's streets. This change was initiated to consolidate subjects dealing with
right-of way permits. Inadvertently, the section concerning revocation of contractor licenses was
overlooked.
ALTERNATIVES CONSIDERED:.
None
FINANCIAL IMPACT:
None
RECOMMENDED MOTION:
"I move to approve Council Bill 09-2007 - An Ordinance Amending Chapters 5 and 21 ofthe City of
Wheat Ridge Code of Laws Concerning Certain Contractor's Licenses, on second reading, and that it
take effect 15 days after final publication."
or,
"I move to table indefmitely Council Bill 09-2007 - An Ordinance Amending Chapters 5 and 21 of the
City of Wheat Ridge Code of Laws Concerning Certain Contractor's Licenses for the following
reason(s) "
Report Prepared by:
Reviewed by:
Tim Paranto, Director of Public Works
Randy Young, City Manager
Attachments:
1. Council Bill 09-2007
070514 CAP ord for contractor license change 5-14-7.doc
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SCHULZ
Council Bill No. 09
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE AMENDING CHAPTERS 5 AND 21 OF THE
CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING
CERTAIN CONTRACTOR'S LICENSES
WHEREAS, the Wheat Ridge Code of Laws governs the issuance and
revocation of various classes of license for contractors; and
WHEREAS, Chapter 21 of the Code does not contain a procedure for revocation
of certain contractor licenses; and
WHEREAS, Chapter 5 of the Code contains references to the director of public
works, which references should instead appear in Chapter 21,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1.
The introductory sentences of Code Sections 5-124(a)(b) and (c)
are amended as follows:
(a) Authority. The director of community development may
suspend or revoke class I through class XIV licenses. +Re
director of publio wy.~~e ~:::y ::usj::end or revz!~:: ::1:::3!: .1.1,
through ::1::::::: ': lioenBoB. License suspension or revocation
may occur when the licensee commits one (1) or more of the
following acts or omissions: . . .
(b) Procedure. When any of the acts or omissions as herein
enumerated are committed by a license holder and the
director ::f ;:>~:I::: worl::: e> ~i::9 director of community
development, as :::;:;:I:3able, deems that such license shall
be suspended or revoked, the procedure shall be as follows:
(c) Emergency suspension. If the director ::f ;:>:!:E:: works or
tRe director of community development finds that cause doe
exist for suspension or revocation of a license, he may enter
an order for immediate suspension of such license, pending
further investigation. The license may, upon notice of such
suspension, request an immediate hearing before the r.:aYef
[director z~ P'}t':s-w::~I~e ::~ t!":{) director of community
A I I ACHMENT 1
development ::5 +f:lisable} and the hearing shall be
conducted in the manner prescribed by under subsection (b)
above.
Section 2. Subsection 5-125( a) of the Code of Laws is hereby repealed.
Section 3. Chapter 21 of the Code is amended by the addition of a new section
21-22, to read:
(a) Authority. The director of public works may suspend or
revoke class A through C licenses. License suspension or
revocation may occur when the licensee commits one (1) or
more of the following acts or omissions:
(1) Failing to comply with any of the licensee
responsibilities as outlined in this Chapter.
(2) Knowingly combining or conspiring with a person by
permitting one's license to be used by such person, firm
or corporation.
(3) Acting as agent, partner, associate or in any other
capacity with persons, firms or corporations to evade
the provisions of this Chapter.
(4) Committing any act of negligence, incompetence, or
misconduct in the performance of the contractor's
specific trade which results in a substantial threat to
public health and safety.
(5) Performing under his/her license in an unworkmanlike,
careless, or reckless manner.
(b) Procedure. When any of the acts or commissions as
herein enumerated are committed by a license holder and
the director of public works deems that such license shall be
suspended or revoked, the procedure shall be as follows:
(1) The licensee shall be notified, in writing, by or by
personal service, at least seven (7) days prior to
suspension or revocation.
(2) Appeals of a license suspension or termination shall be
made to the director of public works. Appeals must be
made in writing within seven (7) working days of receipt
of notice.
(3) The hearing date shall be set within fourteen (14) days
of receipt of the protest and the licensee shall be
notified of the same.
(4) When a hearing is conducted, the licensee and other
interested parties may be in attendance. Upon
2
completion of the hearing, the director of public works
shall take all evidence admitted under advisement and
shall notify the licensee of their findings and rulings,
either during the meeting or in writing by certified mail.
(c) Emergency suspension. If the director of public works
finds that cause does exist for suspension or revocation of a
license, he may enter an order for immediate suspension of
such license, pending further investigation. The licensee
may, upon notice of such suspension, request an immediate
hearing before the director of public works and the hearing
shall be conducted in the manner prescribed by under
subsection (b) above.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o on this 14th day of May i 2007, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for June 11 , 2007, at 7:00
o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of ,2007.
SIGNED by the Mayor on this
day of
.2007.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: May 17, 2007
Second Publication:
Wheat Ridge Transcript
Effective Date:
3
ITEM NO:
&
REQUEST FOR CITY COUNCIL ACTION
"..=,~01
r.r-~~(_ ..)
J_,l//
I~B5'-
COUNCIL MEETING DATE:
June 11, 2007
TITLE:
REQUEST FORAPPROV AL OF A FINAL DEVELOPMENT PLAN
AND A SPECIAL USE PERMIT TO ALLOW A DRIVE THROUGH
FACILITY FOR PROPERTY LOCATED AT 3190 YOUNGFIELD
STREET (CASE NO. WZ-06-09 & SUP-06-08)
IZI PUBLIC HEARING
D BIDSIMOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date:)
D ORDINANCES FOR 2ND READING
Quasi-Judicial: [gJ
~t1lL
D
No
Community Development Director
~.
~
EXECUTIVE SUMMARY:
Craig Dunham is requesting a Final Development Plan and a special use permit to allow a drive
through facility for the property located at 3190 Y oungfield Street. The subject parcel is 29,578 square
feet in size, The current zoning designation of Planned Commercial Development (PCD) allows a
wide range of commercial retail and service entities. The site currently contains an abandoned gas
station.
An Outline Development Plan was approved by City Council in 2001. The Outline Development Plan
included a range of allowed uses. The applicant wishes to construct a bank, one of the allowed uses on
the Outline Development Plan. The applicant is also proposing a drive through on the property. The
Outline Development Plan specifies that any drive through use will require a special use permit. The
Final Development Plan shows a 4,477 square foot building footprint to be constructed on the
property. Areas oflandscaping and parking are also shown in the Final Development Plan.
This request relates to City Council goals of the City being prepared for growth and opportunities.
COMMISSION/BOARD RECOMMENDATION:
Planning Commission heard the request for the Final Development Plan on May 17, 2007. Planning
Commission recommended approval of Final Development Plan for the following reasons:
1. The Final Development Plan is consistent with the Outline Development Plan.
2. The Final Development Plan meets the standards established in Chapter 26,
Article III of the Wheat Ridge Code of Laws.
Planning Commission did not review the special use pennit request. The Code of Laws specifies that
any special use permit request starts as an administrative review. A ten-day posting period allows any
neighbor to submit written objections. If any objection is received, or if any of the special use pennit
criteria are not met, the Community Development Director will forward the request to City Council for
review. Because the applicant is requesting approval of a Final Development Plan as well, the ten-day
public posting period was forgone and the request was forwarded to City Council.
STATEMENT OF THE ISSUES:
None.
AL TERNA TIVES CONSIDERED:
Do not approve the request for Final Development Plan or the special use permit.
FINANCIAL IMPACT:
The City has received a one-time application fee for the land use application. Building pennit fees and
use taxes will be collected during construction. There is typically little revenue generated from a bank,
as sales tax is not collected.
RECOMMENDED MOTIONS:
There are two requests associated with this application. Each request will require a separate motion.
Final Development Plan
Motion for Approval:
"I move to APPROVE Case No. WZ-06-09, a request for approval of a Final Development
Plan for property located at 3190 Y oungfield Street, for the following reasons:
I. The Final Development Plan is consistent with the Outline Development Plan.
2. The Final Development Plan meets the standards established in Chapter 26,
Article III of the Wheat Ridge Code of Laws.
OR
Motion for Denial:
"I move to DENY of Case No. WZ-06-09, a request for approval of a Final Development
Plan for property located at 3190 Y oungfield Street, for the following reasons:
1. ..."
Special Use Permit
Motion for Approval
"I move to APPROVE Case No. SUP-06-08, a request for approval of a special use permit
for the property located at 3190 Y oungfield Street, for the following reasons:
1. The proposed drive through will not contribute to blight in the neighborhood.
The development of the property will be an improvement over existing
conditions.
2. The use will not have a detrimental effect on the health, safety or welfare of
persons in the area.
3. The building will be appropriately designed and all development standards
listed on the Outline Development Plan have been met.
OR
Motion for Denial
"I move to DENY Case No. SUP-06-08, a request for approval of a special use permit for
the property located at 3190 Y oungfield Street, for the following reasons:
1. ..."
Report Prepared by: Travis Crane
Reviewed by: Alan White
Attachments:
1. City Council Staff Report (with exhibits)
TO: City Council
CITY OF WHEAT RIDGE
PLA.. m1.HG DIVISION STAFF REPORT
CASE MANAGER: Travis Crane
CASE NO. & NAME: WZ-06-09 & SUP-06-08/Dunham DATE OF MEETING: June 11,2007
ACTION REQUESTED: A request for a Final Development Plan and a Special Use Permit to allow a
drive through facility.
LOCATION OF REQUEST: 3190 Youngfield Street
APPLICANT (S): Craig Dunham
WI Davis Partnership
OWNER (S): Walgreen Co.
APPROXIMATE AREA: 29,578 sq. ft. (0.679 &C.)
PRESENT ZU1\li\G: Planned Commercial Development (PCD)
ENTER INTO RECORD:
( )
(X)
( )
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULATIONS
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
(X)
(X)
Location Map
Subject
Property
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
ATTACHMENT 1
City Council
WZ-06-09 & SUP-06-08/Dunham
1
I. REQUEST
The applicant is requesting approval of a Final Development Plan and a Special Use Permit to
allow a drive through facility (Exhibit 1, Letter of Request). The current Planned Commercial
Development zoning designation allows a wide range of commercial uses. The applicant
wishes to construct a 4,477 square foot bank, one of the allowed uses listed on the "1'1'''' led
Outline Development Plan. The property contains an abandoned gas station, which ultimately
would be removed. The property is bounded by Y oungfield Street to the west and West 32nd
Avenue to the north, and is 29,578 square feet in size.
The property was rezoned to Planned Commercial Development in 2001, in conjunction with
the construction of the Walgreen's drug store. The gas station remained operational until 2006,
when the underground tanks, gas pumps and canopy were all removed.
The property is still owned by the Walgreen Corporation. The applicant has received proper
consent from the property owners to pursue this application.
II. FINAL DEVELOPMENT PLAN
The Final Development Plan (FDP) shows the site layout including building layout, parking
areas, landscape areas and typical building elevations (Exhibit 2, FDP). The FDP conforms to
the general layout and development standards as established in the Outline Development Plan.
Existing Conditions
The site currently contains an abandoned gas station. The gas station was operational until
2006, at which time the gas tanks, gas pumps and canopy were removed. A phase I
environmental study was undertaken to determine the extent, if any, of subsurface
contamination. The result of the report was that no further action was needed to remediate the
site. The property has free access on West 32nd Avenue and on Y oungfield Street. These access
points will be closed with the redevelopment of the site.
Building Setbacks
Page 2 of the FDP shows the site layout. The ODP specified minimum setbacks and maximum
lot coverage for the property. The ODP states that a minimum setback of25 feet is required
when adjacent to any right-of-way or residential properties, and all other setbacks shall be 10
feet. The building complies with the minimum required setbacks. The ODP specifies that a
maximum of 80% ofthe lot may be covered by paving and structure. The FDP proposes 73%
lot coverage, far below the maximum allowance.
Landscaping
The Final Development Plan details 27% landscaping on the property. The Outline
Development Plan specified that at least 20% of the rezoned area (lots 1 and 2) must be
landscaped. When the Walgreen's was constructed, approximately 18% of the Walgreen's lot
was landscaped. As a result, the subject parcel must contain at least 22% landscaping, giving a
total landscaped area of20% for lots 1 and 2. There will be 12 street trees located adjacent to
right-of-way, surpassing the m;n;mum requirement of9 street trees. Adequate trees and shrubs
are being shown on the landscaping page.
Parking/Access
The ODP references the Zoning Code'for parking standards. The Code requires a minimum of
1 space for each 200 square feet of building area, less any dedications. Based on this
City Council , 2
WZ-06-09 & SUP-06-08/Dunham
requirement, a total of23 parking spaces are required. The FDP details 24 parking spaces to be
located on the site.
The existing curb cuts on the property will be removed. The property will gain access from
West 32nd Avenue and Youngfield Street via two access points on the adjacent property. When
the properties were rezoned in 2001, cross access easements were established in an attempt to
control access to both properties. The result is one access point on West 32nd Avenue and one
on Y oungfield Street to serve both properties. Each access point is restricted; vehicles leaving
the site may only turn right out onto eastbound West 32nd Avenue or northbound Y oungfield
Street.
There are areas of public dedication shown adjacent to West 32nd Avenue and Youngfield
Street. These areas consist of real property to be dedicated to the City and easements dedicated
to the City for the construction of public improvements. These areas of dedication will be
conveyed by separate instrwnent at a later date prior to construction.
It should be noted that a traffic generation letter was submitted which indicates that the
proposed use will result in a decrease ofvehic1es per day as compared to the previous use, a
gas station.
Elevations
Page 4 of the Final Development Plan shows some typical building elevations. These
elevations are representative of the standards established on the Outline Development Plan.
The Outline Development Plan requires that any building must be constructed of brick, glass,
masonry and/or rock, and that the buildings on lots 1 (Walgreen's site) and 2 (snbject parcel)
shall have consistent and cohesive design. The elevations shown meet the minimwn
requirements established on the ODP.
III. SPECIAL USE PERMIT
The Special Use Permit will allow a drive through facility on the property. The applicant is
requesting a drive through for a bank. The drive through will be located on the west side of the
bank adjacent to Y oungfield Street. The cars will queue around the north side of the building.
Typically, the Special Use Permit review process begins administratively with a ten-day public
noticing period. Because the applicant was also requesting a Final Development Plan approval,
the ten-day public notice period was forgone in lieu of City Council review.
Staff has the following comments regarding the criteria used to evaluate a special use permit
request:
Per the Code of Laws Sec. 26-114 (D) before a special use permit is approved, the applicant
shall show, and the community development director or city council shall fmd, the proposed
special use:
1. Will not have a detrimental effect upon the general health, welfare, safety and
convenience of persons residing or working in the neighborhood of the proposed use.
The proposed use should not have a detrimental effect on the general health, safety or welfare
of persons in the neighborhood. The development of the property will be an improvement over
existing conditions. The traffic generated by the proposed use is less than .the traffic generated
by the previous use.
City Council
WZ-06~09 & SUP-06-08/Dunham '
3
2. Will not create or contribute to blight in the neighborhood by virtue of physical or
operational characteristics of the proposed use.
The proposed drive through facility should not contribute to blight in the neighborhood. The
property currently contains a vacant building. The applicant proposes to construct a new
building, which would be an improvement over the existing building. The site will be totally
reconstructed - new parking areas and new landscape areas will be installed. The site is
currently devoid of any landscaping. Additionally, there are large, continuous curb cuts on
each street frontage that allow unregulated access to either West 32nd Avenue or Y oungfield
Street.
3. Will not adversely affect the adequate light and air, nor cause significant air, water or
noise pollution.
The proposed drive through facility should not affect the adequate light and air, nor cause
significant air pollution. The drive through will be located on the west side of the building,
aW>vAimately 45 feet from Y oungfield Street. The drive through will accommodate one
automated teller machine.
4. Will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading,
service or internal traffic conflicts to the detriment of persons whether on or off the site.
The request will not result in undue traffic congestion in the area. All of the City's parking
requirements have been met. The property is accessed by two access points: one on West 32nd
Avenue and one on Y oungfield Street. These access points also serve the property directly to
the east. The traffic generated by the intended use is less than the traffic generated by the
prevIous use.
5. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with the character of
the surrounding areas and neighborhood, especially with adjacent properties.
The proposed building will conform to all development standards listed on the Outline
Development Plan. The building facades will be of high quality materials. The building design
meets the minimum requirements listed on the Outline Development Plan. The property will
contain the minimum required landscape buffer along West 32nd Avenue. All setbacks are
being met, and the building height does not exceed the maximum allowed on the ODP.
6. Will not overburden the capacities of the existing streets, utilities, parks, schools and
other public facilities and services.
The proposed use will not overburden the capacities of existing streets, utilities, parks, schools
or other public facilities and services. All of the necessary agencies for public facilities and
utilities were notified of this request the responding agencies stated that service can be
provided to the p.vp.;..lj.
7. History of compliance by the applicant with Code requirements and prior conditions, if
any, regarding the subject property.
City Council
WZ-06-09 & SUP-06-08/Dunharn
4
The applicant has no history of compliance or noncompliance with the City of Wheat Ridge
code requirements.
8. Ability ofthe applicant or any permitted successor-in-interest to continuously meet the
conditions of the proposed permit.
If conditions of an approved special use permit are violated, City Council has the authority to
revoke the special use permit.
9. Other factors relevant to the specific application.
There are no other relevant factors.
IV. PLA.,11Hl_G COMMISSION ACTION
Planning Commission reviewed the Final Development Plan request on May 17, 2007. The
special use permit request was not reviewed at Planning Commission, as the Code of Laws
specifies the special use permit process begins with an administrative review with appeal to
City Council. Planning Commission recommended approval of the Final Development Plan
with no conditions.
V. AGENCY REFERRAL
All responding agencies have indicated that they can serve the property, and the applicant will
bear the cost of upgrading any service to the property.
A fInal drainage report and plan has been reviewed by the Public Works Department. While
some minor issues need to be resolved, Public Works is satisfied that the applicant will detain
all drainage onsite to be released at historic flow rates and will mitigate any negative impacts
to surrounding properties.
VI. NEIGHBORHOOD MEETING
The required neighborhood meeting was held on April 12, 2006. There was 1 attendee at the
neighborhood meeting. The attendee asked about access points and traffic. A meeting synopsis
has been included as Exhibit 3.
VII. STAFF CONCLUSION & RECOMMENDED MOTION(S):
Staff concludes that the Final Development Plan conforms to the standards established on the
Outline Development Plan. Additionally, the criteria for a Special Use Permit are being met.
Each request will require a separate motion.
FINAL DEVELOPMENT PLAN
OPTION A:
"I move to APPROVE Case No. WZ-06-09, a request for approval of a Final Development Plan
for property located at 3190 Y oungfield Street, for the following reasons:
1. The Final Development Plan is consistent with the Outline Development Plan.
2. The Final Development Plan meets the standards established in Chapter 26,
Article III of the Wheat Ridge Code of Laws.
OPTION B:
City CO)lncil
WZ-06-09 & SUP-06-08/Dunham
5
"I move to DENY of Case No. WZ-06-09, a request for approval of a Final Development Plan
for property located at 3190 Y oungfield Street, for the following reasons:
1.
"
SPECIAL USE PERMIT
OPTION A:
"I move to APPROVE Case No. SUP-06-08, a request for approval of a special use permit for
the property located at 3190 Y oungfield Street, for the following reasons:
1. The Y."yv,ed drive through will not contribute to blight in the neighborhood.
The development of the property will be an improvement over existing
conditions.
2. The use will not have a detrimental effect on the health, safety or welfare of
persons in the area.
3. The building will be "yy.vy.:ately designed and all development standards
listed on the Outline Development Plan have been met.
OPTION B:
"I move to DENY Case No. SUP-06-08, a request for approval of a special use permit for the
property located at 3190 Y oungfield Street, for the following reasons:
1.
"
City Council
WZ-06-09 & SUP-06-08/Dunham
9
Oct. 3, 2006
IRIECCIEHVIEIDJ
OCT I 62006
, -----., '--
.------
.-
PROJECT NARRATIVE
FirstBank of Wheat Ridge at 32'" Ave. & Y oungtield St.
Wheat Ridge, Colorado
Architect's Project No. 05235.00
Travis Crane, AlCP
Senior Planner
City of Wheat Ridge
Planning D';.!'artment
7500W.29 Avenue
Wheat Ridge, CO 80033
Dear Mr. Crane:
Submitted herewith for your review is the Site Plan for a new branch bank of FirstBank, prepared by Davis Partnership
Architects. This project is located at the southeast corner of the intersection of32'" A venue and Y oungfield Street.
The existing site formerly served as a gasoline service station. Although the underground gasoline tanks have been
removed, the existing retail building remains. The proposed site construction will consist of total demolition of
existing buildings, structures and removal of all existing asphalt paving. Accommodations for the future
reconstruction of 32" Ave. & Y oungfield St. intersection are provided.
The proposed project is a one-story branch bank of FirstBank totaling approximately 4,460 square feet. Exterior
building materials most likely will include a masonry veneer in combination with fixed glass in an aluminum
storefront system, Access to the site will be provided by two existing curb cuts, one each on 32'" Avenue and
Y oungfield St. Two existing curb cuts on Y oungsfield St. and one on 32" Ave, will be abandoned with this proposal.
Drive lanes, drive through queuing and parking for vehicular traffic have been organized in such a way as to provide a
safe and efficient circulation system for both drivers and pedestrians.
Site planning and pedestrian concerns have been addressed and are in compliance with design guidelines and
restrictions. This proposal is compatible with the surrounding area by offering a neighborhood financial service. The
size and scale of the proposed building is similar in nature to other single use developments along 32'" Ave, &
Y oungfield St.
This submittal includes a scaled Site Plan, copy of the Property Deed, Landscape Plan, Drainage Report and Plan,
Grading and Erosion Plan, a Trip Generationlfraffic Impact Letter, and this written narrative. We appreciate your
review of these plans and look forward to hearing your comments.
Sincerely,
--
,
Craig Dunh , AlA
Associate
cc:
Stan Lee
Gary Adams
Kevin Scott
FirstBank Holding Company
Davis 'Partnership P.C., Architects
Davis Partnership P.C., Architects
Davis Partnership P.C, Architects
Denver Office: 2301 Sle
Vail Office: 0225 Main S
EXHIBIT 1
'.861.8555 Fax 303.861.3027
60 Fa, 970,926.8961
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
City of
Wheat Ridge
Telephone (303)235-2846
Fax (303)235-2857
Date:
12 April 2006
City Staff Present: Travis Crane
Location of Meeting: Municipal Building, 2nd floor conference room
Property Address: 3190 Youngfield Street
Property Owner: Walgreen Co. Property Owner Present? No
Applicant: Craig Dunham, Davis Partnership
Existing Zoning: Planned Commercial Development (PCD)
Comp Plan Designation: Neighborhood Retail (NR)
Existing use/site conditions: Abandoned gas station.
Applicant proposal: Would like to apply for a Final Development Plan to construct a bank with
a drive through. The request would also include a special use permit (to
allow the drive through).
Issues discussed:
There was one neighbor in attendance. Questions were asked about access
to the property, roadway improvements needed at 32nd and Y oungfie1d
and if a traffic study would be submitted.
The applicant felt it was a good plan and a good use of the property, and
that it would improve existing conditions.
EXHIBIT 3
ITEM NO:
G.
REQUEST FOR CITY COUNCIL ACTION
~'
07;~-:-:'i' ~?;i
Il~ '<v
COUNCIL MEETING DATE:
June 11, 2007
TITLE:
COUNCIL BILL 10-2007, AN ORDINANCE AMENDING SECTION
26-711 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING
TOuu; REGULATION OF BILLBOARDS
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
IZI ORDINANCES FOR 1 ST READING (Date: June 1 L 2007)
D ORDINANCES FOR 2ND READING
Quasi-Judicial: D IZI
Yes No
~JJ~
~"
CitYMan~n
Community Development Director
~XECUTIVE SUMMARY:
The proposed ordinance amends Section 26-711 of the Zoning and Development Code containing
the billboard regulations of the City. The current regulations set the maximum number of
billboards at 16 and establish maximum size, height, setback and spacing requirements. The
regulations do not provide any guidance for the permitting of billboards. The proposed ordinance
vests the current 16 billboard locations with the underlying property. All other size, setback,
height and spacing requirements are not changed. The ordinance also repeals the B-1 District
since it is no longer needed.
Planning Commission recommended adoption of the ordinance.
The proposed ordinance implements Council's strategic goals of planning for growth and
opportunities by creating clear regulations for billboards.
COMMISSION/BOARD RECOMMENDATION.:.
The proposed regulations were presented to Planning Commission at a study session on April 5, 2007.
At a public hearing on May 3, 2007, the Planning Commission recommended adoption of the
proposed ordinance with no changes.
STATEMENT OF THE ISSUES:
The proposed regulations were presented to City Council at a study session on February 20,2007.
Council directed staff to bring the proposed amendments forward.
The current billboard regulations were adopted in 1991 and were not revised when Chapter 26 was
updated in 2001. The regulations establish two billboard districts -I) essentially adjacent to I-70
(called B-2) and 2) the remainder of the City (called B-1). (See Attachment 1.) The regulations
required all billboards in the B-1 District to be removed by 1996. These have all been removed
and this district is no longer needed.
The regulations of the B-2 District set the maximum number of billboards in the district at 16.
Height, setback, spacing, and maximum size standards are also established. Other than these
standards, there is no guidance in the Code as to who "owns" the right to the billboard, when that
right expires, who can apply for a billboard permit, and how permits are to be issued ifthere are
competing interests for one billboard.
Billboard companies typically enter into ground leases with a property owner and pay the owner
rent for the right to have their billboard on that property. Leases are typically for 10 years. There
have been two instances in the past three years where ground leases expired. Absent guidance in
the Code, and with the assistance of the City Attorney, staff created a process and policies for
dealing with this situation.
This process essentially ties the right to the billboard to the ground lease. When the lease expires,
so does the right to the biJlboard. That 16th billboard then becomes available for any company or
land owner to pursue on a first come, first served basis. In cases where permit applications are
filed at the same time for that 16th billboard, a lottery is held to determine who receives the right to
the billboard. The process is a bit cumbersome and time consuming.
The billboard companies have provided a letter of opposition to the proposed amendment. (See
Attachment 2.) Essentially their recommended approach is Alternative #2 and would vest the right to
a billboard with the permit holder (the billboard company), not the underlying property owner. A
billboard location would become available when one company removed one of the 16 billboards.
Staff does not see this alternative solving any of the problems with the existing "temporary" process.
What constitutes removal- when everything is removed, even the caisson? When the face comes off?
When the pole structure is removed? At what point during removal can another company submit a
permit for the "available billboard location" -- a month in advance because they know the lease is
expiring and the billboard will have to be removed? The company removing the billboard will argue
one thing, the competing company will argue another and City staff will be in the middle - probably
conducting another lottery. The City Attorney has provided an opinion of the proposed ordinance and
the billboard companies' assertions. (See Attachment 3.) He opines that the proposed ordinance does
not deprive the billboard companies of due process and is a legitimate approach to the regulation of
billboards.
One change has been made to the ordinance since it was presented at study session. The length of time
a billboard location may exist without an active billboard use was increased from 60 days to 90 days.
The following active billboard use definition was included: "active billboard use" shall mean that
both of the following are continuously maintained on a permitted billboard location and in compliance
with all city requirements: (1) a supporting pole or structure, and (2) a display facility capable of
displaying message copy.
ALTERNATIVES CONSIDERED:
Several alternatives to deal with the lack of specifics in the Code were considered:
1. CodifY the procedures and policies used in the past two instances.
2. Vest the right to a billboard with the current permit holder (billboard company).
3, Vest the right to a billboard with the land where billboards are currently located.
The proposed ordinance implements staff's recommended approach, Alternative #3. Vesting with
the underlying property defines the 16 locations, allows the billboard companies to compete for the
sites when leases expire, and adds value to the underlying property. It has the added advantages of
taking staff out of the business of monitoring lease expirations and conducting lotteries to
determine. who is granted the available billboard.
Planning Commission requested that staff investigate how other jurisdictions permit billboards.
None of the jurisdictions examined had a limit on the number of billboards. Wheat Ridge is
unique in that regard. The results revealed that there are as many approaches as there are
jurisdictions. Below is a summary ofthat information.
. Arvada - Allowed only in B-4 zone district; no limit on number; considered principal use on
lot.
. Lakewood - Not mentioned in sign code.
. Golden - Not mentioned in sign code.
. Aurora - Allowed in certain commercial and industrial zone districts; no limit on number;
cannot be visible from freeways or interstate highways.
. Denver - Allowed, but under several spacing and visibility restrictions; no limit on number.
FINANCIAL IMPACT:
Because only 16 billboards are authorized by the ordinance and this number is not proposed to be
changed, the revenue to the City from billboard permits will not change.
RECOMMENDED MOTION:
"I move to approve Council Bill 10-2007 on first reading, order it published, public hearing set for
Monday, June 25,2007 at 7:00 p.m. in City Council Chambers, and that it take effect IS days after
final publication."
Report Prepared by: Alan White, Community Development Director
Attachments:
1. Map Showing Billboard Districts
2. Letter from Billboard Companies
3. Response Memorandum from City Attorney
4. Map of Current Billboard Locations
5. Council Bill 10-2007
OA19 NYOlllilHS
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ATTACHMENT 1
SCBS
OUTDOOR
.~"'4~mYr"
MILE HIGH @rJ!J'[j'@@@[t1
ADVERTISING
TO:
FROM:
DATE:
RE:
MEMORANDUM
City of Wheat Ridge Mayor and City Council ~~iye~
CBS Outdoor, Inc., Lamar Advertising Co., Mile High Outdoor, In . :}5"'7
February 21,2007
Proposed Revision to Wheat Ridge Billboard Ordinance
The Director Of Community Development has proposed an amendment to
a portion of the Wheat Ridge Sign Code relating to billboards. The covering
Memorandum states essentially that the existing ordinance should be changed to make
the land upon which existing billboards currently exist the only permissible locations for
billboards, now and in the future, The sole justifiCation is to relieve claimed
administrative burdens on the Community Development Department. This proposal is
unnecessary, and may well be unconstitutional.
The change is unnecessary since the "problem" the amendment is
designed to correct has only occurred once in the 16 years since the billboard regulations
were passed in 1991. This "problem" is that two billboard companies applied for a new
permit when one of the existing 16 billboards was removed, This "problem," however,
was only created by the Director when, after discussions with only one billboard
company (United Outdoor), he utilized new "draft policies," which "policies" ignored a
much more obvious approach to resolving the issue.
Unfortunately and also derived without discussion with or the benefit of
the analysis by any company in the industry other than United, the Director's proposed
solution,:
(1) provides a total and undeserved windfall to those property owners
lucky enough to have existing billboards on their property;
(2) blocks all other property owners in Wheat Ridge's B-2 zone from
having an equal opportunity to receive the income from billboard rentals; and
(3) takes property without compensation from the existing billboard
companies which are, as admitted by the Director in his Memo, "the current permit
holders" and whose permit rights will be stripped and effectively given to the property
owners.
A much simpler solution is to provide that no new billboard permit be
issued until one of the existing billboards has been physically removed or destroyed.
;Background: Most, if not all, of the existing 16 billboards in Wheat Ridge
were erected pursuant to sign permits granted to CBS Outdoor, Lamar Advertising and
766292
ATTACHMENT 2
Mile High Outdoor (and two granted to United Outdoor, which is believed to be the
major proponent of the proposed amendment). The billboards were erected on properties
l?n which the billboard companies obtained land leases with property owners. In all
cases, the billboards were erected, paid for and maintained by the billboard company.
The billboards are the property of and owned by the billboard company, not by the
landowner. Since most of these leases are for 10 years or more, they expire and
billboards are removed ver'y infrequently. (We do not believe the Department has issued
more than two or three new permits in the last 10 years.) CBS, Lamar and Mile High
Outdoor have received no new permits ill the past ten years.
Since the Wheat Ridge billboard code requires that a new sign permit be
obtained before erecting or remodeling any billboard, and states that only 16 may exist at
one time, one would have thought that a new permit could be issued only when the
number of billboards drops to 15 - i. e., when an existing billboard has been physically
removed. This is easy to determine administratively since the applicant would need to
advise the Department which sign had been removed - a fact the Department can visually
verify in minutes, if not by merely looking at before and after photographs.
Nonetheless, when discussing only with United when a new permit could
be issued, the Director.told it that the new permit could be issued ouly when the
underlying lease expired. Not only is there no reference in the billboard code to leases
(much less the permissible number of them), but this is a more difficult matter to
determine administratively, because the Department has not required that leases on file
with them reflect the expiration date.
Thus, in one case in the last 16 years, the Department held a lottery, which
it would not have done if it had used the removal of a billboard as the key factor.
The Director's Prooosed Solution,
First, the present proposed ordinance would allow the property owners
who fortuitously have billboards on their property at this time the perpetual and exclusive
right to maintain a billboard on their property. This light is not one they have ever had
before or one they ever sought or paid for. Nonetheless, as noted in the Director's
Memorandum, this gift will "add value to the underlying property." Yet this is value that
they will gain solely because a billboard company previously paid for erecting and
maintaining the billboard on their property.l
Indeed, the windfall may be much larger and with less potential benefit to
the City than even the Director imagines. Under the Director's proposal, the existing
landowner has the the right to maintain the billboard on his property. The billboard can
be moved to another location on that property. Furthermore, if the property is divided the
1 It is unclear why the proposed ordirlance limits the number of billboards to one per
assessor's parcel number. At least one landowner already has two billboards in existence
on one piece of property. Indeed, because of its location on the interstate highway, it
could not be removed without payment of full just compensation.
-2~
right remains with the portion of the property containing the billboard. (These additional
provisions appear central to allowing the proposal to work.) Thus, one can fully expect
that if this ordinance were adopted billboard companies will approach each present
landowner and (a) ask them to allow the company to move the billboard to a comer or
side of the property, and (b) pay the landowner a substantial sum to sell that sliver to the
billboard company, which will then possess the right to own that billboard in that location
forever without having to pay any further rent. Thus, it is likely that the only
beneficiaries of the new ordinance will be the handful of existing landowners and the
purchasing billboard companies.
Second, not all billboards in Wheat Ridge have remained in the same
location. This proposed ordinance will not only provide a windfall to the owners of
existing billboard locations, it will obviously preclude all other property owners whose
land is presently zoned for billboards (the only function of the B.2 zone), from ever
having the opportunity to have a billboard built on their property and from receiving the
significant lease revenues the billboard companies pay. Just as the existing landowners ,
are fortuitous financial beneficiaries of the new proposal, all other landowners in the B-2
zone will be gratuitously deprived of an equivalent opportunity to obtain any financial
benefit. As noted above, even any new owners of the existing billboard locations are also
likely to be foreclosed from any future benefit of the proposal.
Finally, "current permit holders (billboard company)" will be stripped of
their permits and their position without compensation. Their rights are being handed over
to the landowners, whose ouly f'mancial participation has to be receive revenues from the
billboard companies derived from property paid for, erected and maintained by the
billboard company itself.
The alternative proposal suggested above, has none of the foregoing
problems, is administratively easy to administer (on me extremely rare occasions when
the is'Sue may arise), and is completely consistent with the existing ordinance (which,
incidentally, established the 16 billboard limit as a quid pro quo for the billboard
companies to remove their billboards from throughout the remainder of Wheat Ridge
withQut payment of compensation). When a billboard is removed or destroyed, the
present code requires that a new permit be obtained to rebuild or replace it. It is highly
uulikely that a billboard will be removed uuless the company's lease is being terminated.
If the code provided (as has always previously been assumed to be the case) that anyone
could seek a new permit when one of the existing billboards is removed or destroyed,
then me only thing the Department would have to do is check to see that a previously
existing billboard is gone, before issuing a new permit. If multipll? applications are filed
on the same day, there is no problem with the holding of a lottery to determine which
billbo,ard applicant should get one (although it would help if ouly one application per
location were included rather than allowing the billboard companies and the landowners
to file separate applications for the same billboard). It is noteworthy that the existing
lawsuit does not challenge the procedures of the lottery that was held. Rather it asserts
that no lottery was needed because the first permit application was submitted the day the
lease was terminated and the billboard was removed, which was the day before any other
applications were submitted.
- 3 -
"
Our representatives would be happy to expand on the foregoing points and to answer any
questions you might have. They are:
Mr. Dan Scherer
General Manager
CBS Outdoor
4647 Leyden St,
Denver, Colorado 80216
303-333-5400
Mr. Alan Weiss
General Manager
Mile High Outdoor Advertising
'300 E. Hampden #324
Englewood, CO 80113
303.783.4800
Mr. Frank Bullock
General Manager
12301 N Grant St Suite 240
Thornton, CO 80241
303-280-7000
-4-
f',1u~RAY
DAH,L
, KUGr.B~S:NME'5TE:~
R ENg>...U 0 LLF-!'!
MEMORANDUM
TO:
CC:
Mayor and City Council
Randy Young; Alan White
FROM:
Gerald E. Dahl, City Attorney
March 12,2007
DATE:
RE:
Correspondence from CBS Outdoor, et al. regarding Proposed
Revision to Billboard Ordinance
Council will have received a copy of a February 21, 2007 memorandum from CBS
Outdoor, Inc., Lamar Advertising Company, and Mile Hi Outdoor, Inc., concerning the
proposed revisions to the City's billboard ordinance. The billboard companies have
raised a number of concerns they have with this ordinance. The purpose of this
memorandum is to advise what steps, if any, the Council should take in response to that
memorandum.
My review of the memorandum leads me to conclude that there are no legal deficiencies
in the proposed billboard ordinance, and that the reason it was suggested to the Council
initially remains unchanged. The staff continues to recommend that it be approved.
The billboard companies make the statement that they believe the ordinance is
somehow unconstitutional, but do not really demonstrate why. Of course, any land use
resulting regulation restricts the use of private property in certain ways, and unless the
restriction removes all economic all use of the property, there is no "taking" in
constitutional terms, In the case of the proposed ordinance, all of the billboards
currently in place will remain, so long as the landlords and the billboard companies
remain in agreement. No billboard permits are revoked. Billboard companies are free
to negotiate with landowners for permission to maintain a billboard on those properties.
The ordinance leaves the negotiating where it should be - between the landowners and
the billboard companies.
The billboard companies also have raised the concem that property owners will be
inspired to subdivide off small slivers of their property in order to sell those parcels to
ATTACHMENT 3
billboard companies. Of course, any such division of property would be a "subdivision"
under the City's land use code and would only be approved if it met the requirements of
the subdivision regulations, Also, as Council is aware, the present draft ordinance
provides that any subdivision of property would not result in entitlement to an additional
billboard on that property; the billboard entitlement would remain with the portion of the
property upon which the billboard was in existence.
The proposed ordinance is a legitimate exercise of the City's legislative authority to
regulate land use matters. Because it is legislative, it will be subject to a public hearing
before the City Council. I understand that a number of you have or will be contacted by
the billboard companies for some form of private meeting outside of the legislative
hearing process, While this is not prohibited, I see no reason for such meetings in light
of the fact that there will be a public hearing on the ordinance. The three billboard
companies who wrote the memorandum, any other billboard companies, and interested
landowners and other citizens will have the full opportunity to express their opinions to
the City Council at that time,
Finally, the billboard companies' memorandum makes some allegations about the
current lawsuit brought against the City by CBS Outdoor. In that case, CBS Outdoor
does challenge the City's use of a lottery to process a particular billboard permit
application, The status of this case is that the City won in District Court and CBS
Outdoor has appealed. I advise you not to engage in a discussion with CBS Outdoor
regarding the case while it remains on appeal.
Please do not hesitate to contact me if this memorandum raises many questions.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26-
711.C.1, CONCERNING BILLBOARDS IN THE B-2
BILLBOARD DISTRICT AND REPEALING SECTION 26-711.B
WHEREAS, the City of Wheat Ridge, acting through its City Council, has
authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter
alia, C.R.S. 31-23-101 et sea. and 29-20-101 et sea. to regulate the use of land and
structures thereon; and
WHEREAS, pursuant to this authority, the City Council has previously
enacted Section 26-711.C of the Code of Laws, concerning billboard signs in the B-
2 District; and
WHEREAS, said Section 26-711.C currently permits a maximum of sixteen
(16) billboards in the B-2 District; and
WHEREAS, at the time of adoption of this Ordinance, the maximum sixteen
billboards are in place in the B-2 District; and
WHEREAS, the sixteen-billboard limitation has been difficult to administer
in practice, owing to the difficulty in determining when individual billboard leases
cease or are terminated; and
WHEREAS, the City Council has determined that in order to eliminate these
administrative difficulties, Section 26-711 should be amended to provide that the
sixteen billboard locations presently in use in the B-2 District shall be designated
as the only locations upon which billboards are permitted in the B-2 District; and
WHEREAS, the City Council finds that this ordinance will preserve and
protect existing property rights by recognizing the right of the property owners of
the designated sixteen locations to continue to operate or lease the same for
display of billboards; and
WHEREAS the City Council finds that Code Section 26-711.B, concerning
billboards in the B-1 District is no longer necessary as all billboards in the B-1
District were removed prior to January 1, 1996.
ATTACHMENT 5
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-711.C.1 of the Wheat Ridge Code of Laws is amended
to read:
Maximum number allowed is sixteen (16), UNDER THE
FOLLOWING RESTRICTIONS: provided ~ha!: :;xi:;ting
billboard:; located v..ithin ths :3 1 :listrist :nay-----l3e
rek:::;at::;;:l--t::; t:-;3 ::: 2 district re;;;,;:!I::;::;::; 3f th3 ;,\,,:-3;;i;n;.;;;,
ffiffi1 t U-.
(A) THE PERMITTED NUMBER OF BILLBOARDS AND
PERMITTED LOCATIONS FOR SUCH BILLBOARDS
WITHIN THE B-2 DISTRICT SHALL BE AS
FOLLOWS:
ID
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
APN
39-174-07-001
39-174-07-012
39-202-00-009
39-201-06-001
39-201-01-003
39-163-00-022
39-164-05-001
39-164-00-018
39-143-00-098
39-143-00-101
39-133-05-001
39-133-05-006
39-133-07-001
39-133-09-001
39-133-04-003
Address
4990 Ward Rd.
4800 Ward Rd.
12505 W. 44th Ave.
12351 W. 44th Ave.
no address
4800 Partet S1.
10501 W. 1-70 FR N
10101 W. 1-70 FR N
8105 W. 48th Ave.
7881 W. 48th Ave.
no address
4901 Marshall 81.
6400 W. 48th Ave_
6161 W. 48th Ave.
6300 W. 49th Dr.
Schedule #
109992
109982
042865
136582
406411
043805
042788
072159
085976
004073
194269
164345
003811
109721
136945
# of Billboards I
1 I
1 I
1 I
1 I
1 I
2 I
1 I
1 I
1 I
1 I
1 I
1 I
1 I
1 I
1 I
(B) IN THE EVENT ANY OF THE ABOVE-LISTED
LOCATIONS SHALL CEASE TO BE IN ACTIVE
BILLBOARD USE FOR A PERIOD OF 90
CONSECUTIVE DAYS OR MORE, SAID LOCATION
SHALL CEASE TO BE A PERMITTED LOCATION,
AND THE TOTAL NUMBER OF SUCH BILLBOARDS
AND LOCATIONS DESCRIBED AND PERMITTED
HEREIN SHALL BE REDUCED ACCORDINGLY.
2
(C) AS USED IN THIS SECTION, "ACTIVE BILLBOARD
USE" SHALL MEAN THAT BOTH OF THE
FOLLOWING ARE CONTINUOUSLY MAINTAINED
ON A PERMITTED BILLBOARD LOCATION AND IN
COMPLIANCE WITH ALL CITY REQUiREMENTS: (I)
A SUPPORTING POLE OR STRUCTURE, AND (2) A
DISPLAY FACILITY CAPABLE OF DISPLAYING
MESSAGE COPY.
(D) A BILLBOARD MAY BE MOVED, SO LONG AS IT
REMAINS ON THE PERMITTED LOCATION.
(E) IN THE EVENT THE PARCEL CONTAINING A
PERMITTED LOCATION is SUBDIVIDED, THE
BILLBOARD AND THE ENTITLEMENT TO
CONSTRUCT AND MAINTAIN A BILLBOARD
SHALL REMAIN WITH THAT PORTION OF THE
SUBDIVIDED PROPERTY ON WHICH THE
BILLBOARD WAS SITUATED AT THE TIME OF
SUBDIVISION APPROVAL. THE REMAINING
PORTION(S) OF THE SUBDIVIDED PROPERTY
SHALL HAVE NO RIGHT TO PLACE OR MAINTAIN
A BILLBOARD ON SUCH PROPERTY.
(F) ALL BILLBOARDS SHALL CONTINUOUSLY BE IN
COMPLIANCE WITH ALL OTHER PROVISIONS OF
THIS CHAPTER 26.
Section 2. Section 26-711.B of the Code of Laws is repealed.
Section 3, Figure 26-711.1 is hereby amended to delete the reference to the
B-1 District.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of . 2007, ordered published in
full in a newspaper of general circulation in the City of Wheat Ridge and Public
Hearing and consideration on final passage set for ,2007, at
7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading
by a vote of to ,this day of ,2007.
3
SIGNED by the Mayor on this
ATTEST:
Michael Snow, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
day of
Jerry DiTullio, Mayor
Approved As To Form
,2007.
Gerald E. Dahl, City Attorney
4
ITEM NO:
I,
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE:
June II, 2007
TITLE:
COUNCIL BILL 11-2007: AN ORDINANCE AMENDING CHAPTER
11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED
LICENSES, PERMITS AND MISCELLANEOUS BUSINESS
REGULATIONS, SPECIFICALLY CODE SECTION 11-231
CONCERNING THE LICENSING OF MASSAGE TllliRAPISTS TO
PROVIDE FOR THE PROVISIONAL LICENSING OF MASSAGE
ItlEHAPISTS
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
[gj ORDINANCES FOR 1ST READING (Date: June II. 2007)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
D
Yes
[gj
No
~<::>....rcl
City ManaJ. !"
City Attorney
EXECUTIVE SUMMARY:
The Ordinance amends Chapter II of the Code of Laws by amending Section 11-231 to provide for
the provisional licensing of massage therapists. Since the passage of the ordinance that required all
massage therapists/massage therapy centers in the City to be licensed, the Colorado Bureau of
Investigation has tightened its regulations concerning criminal background investigations. These
investigations can now take up to 90 days to complete, This has left massage therapy centers in the
City at a disadvantage in competing for qualified massage therapists. The amendment allows
massage therapists to perform massage with a "provisional" license while the complete criminal
background investigation is being completed. It requires a police review of police department
records from Wheat Ridge, the applicant's city-of-residence, plus those communities in which the
applicant has performed massage.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Many well-established massage therapy centers in the City have been negatively affected by the
increased time that CBI investigations are taking under the new regulations. The review required
for the issuance of a provisional license will provide the City with important information
concerning the applicant's moral character and can be performed more quickly than the full
criminal background investigation. The satisfactory completion ofthe review will allow the
massage therapist to either practice massage therapy individually or become employed immediately
with one of the City's massage therapy centers.
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
The City will incur ouly modest additional expenses as a result of this amendment.
RECOMMENDED MOTION:
"I move to approve Council Bill 11-2007: An Ordinance Amending Chapter II ofthe Wheat Ridge
Code of Laws, Entitled Licenses, Permits and Miscellaneous Business Regulations, Specifically
Code Section 11-231 Concerning the Licensing of Massage Therapists to Provide for the
Provisional Licensing of Massage Therapists, on first reading, order it published, public hearing set
for Monday, June 25, 2007 at 7:00 p.m. in City Council Chambers, and that it take effect upon
adoption at second reading."
or,
"I move to table indefinitely Council Bill 11-2007: An Ordinance Amending Chapter 11 of the
Wheat Ridge Code of Laws, Entitled Licenses, Permits and Miscellaneous Business Regulations,
Specifically Code Section 11-231 Concerning the Licensing of Massage Therapists to Provide for
the Provisional Licensing of Massage Therapists for the following reason( s)
"
Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670
Reviewed by: Patrick Goff, Deputy City Manager
:t\.ttachments:
1. Council Billll-2007
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. .:11
Ordinance No,
Series of 2007
TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT
RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS
AND MISCELLANEOUS BUSINESS REGULATIONS,
SPECIFICALLY CODE SECTION 11-231 CONCERNING THE
LICENSING OF MASSAGE THERAPISTS TO PROVIDE FOR
THE PROVISIONAL LICENSING OF MASSAGE THERAPISTS
WHEREAS, Wheat Ridge Code of Laws requires that all massage
therapists must be licensed by the City prior to offering or performing massage in
the City for pay of any kind; and
WHEREAS, the application process for a massage therapist license
requires a criminal background investigation; and
WHEREAS, the required criminal background investigation can take as
long as three months to complete, which places massage therapy centers in the
City at a disadvantage in competing for qualified massage therapists; and
WHEREAS, the City Council desires to amend Article X of Chapter 11 of
the Code of Laws to provide for the provisional licensing of massage therapists;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
Section 1. Existing Section 11-231 of the Code of Laws ,is re-Iettered as
subsection (a) and titled "License required; exceptions" and the section is
further amended by the addition of a new subsection (b) to read in its entirety as
follows:
(B) PROVISIONAL LICENSE: THE CITY MAY ISSUE A PROVISIONAL
MASSAGE THERAPY LICENSE TO ALL APPLICANTS WHO SUBMIT A
COMPLETED MASSAGE THERAPIST LICENSE APPLICATION AND ALL
SUPPORTING DOCUMENTS AND FEES AS REQUIRED IN SECTION 11-232
OF THIS ARTICLE.
(1) ISSUANCE OF THE PROVISIONAL LICENSE SHALL BE BASED
UPON A REVIEW OF THE CITY'S POLICE DEPARTMENT RECORDS, AS
WELL AS THE RECORDS OF THE LAW ENFORCEMENT AGENCIES FOR
THE APPLICANT'S RESIDENCE AND ALL JURISDICTIONS IN WHICH THE
A I I ACHMENT 1
APPLICANT HAS PRACTICED MASSAGE WITHIN THE PAST 5 YEARS.
SUCH REVIEW SHALL BE CONDUCTED TO DETERMINE THE APPLICANT'S
COMPLIANCE WITH THE REQUIREMENTS OF SECTION 11-233(1) OF THIS
ARTICLE; PROVIDED, HOWEVER, THAT SUCH REVIEW SHALL NOT
SUBSTITUTE FOR NOR NEGATE ANY FINDINGS OF THE FULL CRIMINAL
BACKGROUND INVESTIGATION PROVIDED FOR IN SUBSECTION 11-
232(C)(1) AS PART OF THE APPLICATION PROCESS,
(2) THE PROVISIONAL LICENSE SHALL BE VALID UNTIL THE
PROVISIONAL LICENSEE'S APPLICATION FOR A PERMANENT LICENSE IS
APPROVED OR DENIED BY THE CITY.
a. APPROVAL OR DENIAL OF A MASSAGE THERAPIST LICENSE
APPLICATION MUST OCCUR NO LATER THAN 180 DAYS AFTER THE
CITY'S RECEIPT OF THE APPLICATION AND ALL SUPPORTING
DOCUMENTS AND FEES AS REQUIRED IN SECTION 11-232 OF THIS
ARTICLE. THE CITY MAY EXTEND THE PROVISIONAL LICENSE
PERIOD FOR UP TO AN ADDITIONAL 90 DAYS IF APPROVAL OR
DENIAL OF THE APPLICATION IS DELAYED BEYOND THE 180 DAYS
OR THE APPLICATION IS LOST, MISPLACED OR DESTROYED WHILE
IN THE CITY'S POSSESSION.
b. THE PROVISIONAL LICENSE IS SUBJECT TO ALL OTHER
REQUIREMENTS AND CONDITIONS OF THIS ARTICLE.
Section 2. Safety Clause. The City Council hereby finds, determines,
and declares that this Ordinance is promulgated under the general police power
of the City of Wheat Ridge, that. it is promulgated for the health, safety, and
welfare of the public and that this Ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 3. Severabilitv. If any section, subsection or clause of this
Ordinance shall be deemed to be unconstitutional or otherwise invalid, the
validity of the remaining sections, subsections and clauses shall not be affected
thereby.
Section 4. Effective Date. This Ordinance shall take effect immediately
upon adoption on second reading, as permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this 11th day of June, 2007, ordered published in full in a
newspaper of general circulation in the City of Wheat Ridge and Public Hearing
and consideration on final passage set for June 25,2007, at 7:00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of to , this 25th day of June, 2007.
SIGNED by the Mayor on this
2007.
day of
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form:
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
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C'O(ofi.sJ,)
ITEM NO:
<X,
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE:
June II, 2007
TITLE:
COUNCIL BILL 12-2007: AN ORDINANCE AMENDING
REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER
RANDALL AND INCREASING HIS BENEFITS AND HOURLY
COMPENSATION
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
I:8J ORDINANCES FOR 1 ST READING (Date: June II, 2007)
D ORDINANCES FOR 2ND READING
Quasi-Judicial:
D
Yes
I:8J
No
CitYM~ '1r
City Attorney
EXECUTIVE SUMMARY:
The current Presiding Municipal Judge's term of appointment ended on August 23, 2006. Presiding
Judge Christopher Randall has continued to serve since that date. Charter Section 8.3 requires the
Council to appoint municipal judges for terms of two years. Judge Randall requests reappointment,
a small increase in hourly rate, and that his services agreement be amended to permit him to
participate in certain benefit programs available to other City employees: short term disability; long
term disability; worker's compensation; group term life insurance; employee assistance plan;
retirement plan; official holidays; personal time off leave; extended sick leave; jury duty pay; and
employee recreation program benefit. Charter Section 8.3 requires the judge's compensation to be
set by ordinance.
STATEMENT OF THE ISSUES:
In March, 2006 the City Council approved an amendment to the Judge's contract permitting him to
participate in the City's health and dental plans. Permitting the Judge to also participate in the other
requested plans available to other City employees (worker's compensation is already a provided
benefit), and increasing his hourly rate to $87.15 will result in an approximate $16,973.00 increase
in cost to the City annually.
COMMISSION/BOARD RECOMMENDA nON:
N/A
ALTERNATIVES CONSIDERED:
Do not renew the current contract; put the work of municipal judge out to bid for requests for
proposals; schedule a meeting with the Judge before acting.
FINANCIAL IMPACT,:
Increasing the Judge's hourly rate and allowing the Judge to participate in the additional benefit
programs will result in an annual cost increase to the City of$16,973.00.
RECOMMENDED MOTION:
"I move to approve Council Bill 12-2007: An Ordinance Amending Reappointing Presiding
Municipal Judge Christopher Randall and Increasing his Benefits and Hourly Compensation on first
reading, order it published, public hearing set for Monday, June 25, 2007 at 7:00 p.m. in City
Council Chambers, and that it take effect upon adoption."
or,
"I move to table indefinitely Council Bill 12-2007: An Ordinance Amending Reappointing
Presiding Municipal Judge Christopher Randall and Increasing his Benefits and Hourly
Compensation for the following reason(s)
"
Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670
Reviewed by: Patrick Goff, Deputy City Manager
Attachments:
I. Memorandum from City Attorney
2. Letter from Judge Randall
3. Current municipal judge services agreement
4. Council Bill 12-2007
i'v1URR.AY
DA}-,.iL
KUEG~.Er-.4tvlS:I5T'ER
RENAUD LLt::>
MEMORANDUM
TO:
Mayor and Council
FROM:
Gerald E, Dahl, City Attorney
DATE:
May 16, 2007
RE:
Contract with Presiding Municipal Judge
The current presiding municipal judge, Christopher Randall was reappointed in
2004 for a term ending on August 23, 2006. Pursuant to Charter Section 8.3, the
City Council shall appoint all judges for a term of two (2) years. Accordingly,
Judge Randall's term has expired and the Council needs to either reappoint him
or initiate a process to request proposals to fill the position,
When Judge Randall was first appointed in 2002, the City had three municipal
judges; as a result of resignations, Judge Randall is now the City's only judge.
Judge Randall has requested reappointment, a small increase in his hourly rate,
and change to his services agreement which would allow him to obtain additional
benefits available to other City employees, specifically:
. Short-term disability
· Long-term disability
· Worker's compensation
. Group term life insurance
· Employee assistance plan
. Retirement Plan
. Official Holidays
. Personal time-off leave
· Extended sick leave
. Jury duty pay
· Employee recreation program benefit
A copy of Judge Randall's May 10, 2007 letter detailing his experience on the
Wheat Ridge Municipal Court and his request is attached. Judge Randall has
also asked me to convey to the Council that he is pleased to meet with the
Council at any time, or for Council members to attend a court session,
ATTACHMENT 1